Witness refusal
kaur
(Querist) 25 October 2015
This query is : Resolved
In domestic inquiry at private Institution the despatch Clerk was summoned by charge sheet employee who at the time of service had given him application which was duly received by the despatch clerk to be submitted to Administration. The despatch clerk refused that he had not received the letter nor on the letter it is his signature. My query is that can charge sheeted employee request the Enquiry Officer for the forensic handwriting test of despatch clerk on the letter for his refusal. Please advice
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
Yes he can initiate measures to defend himself properly and legally, he cannot be denied the privilege.
kaur
(Querist) 01 November 2015
The Enquiry Officer deputed by Institution replied that as per Supreme Court he is bond to complete the inquiry within 2 months and forensic Laboratory will take months to submit his report on the handwriting test of the despatch clerk. My query is that is there such ruling that Inquiry needs to be completed with two months as per directions of Supreme Court. Can copy of such order available on website of Supreme Court. Please advice
K.S.Srinivas
(Expert) 01 November 2015
Generally the enquiry shall be completed within the time frame stipulated. These are guidelines only. However, it does not mean that proper opportunity shall not be given to the charged employee of cross-examining the witness.
kaur
(Querist) 02 November 2015
Thanks to Experts. Sir can you provide me link from where I can get copy of Supreme Court guidelines to complete inquiry in private organisation within time.
