Report of inquiry
raju
(Querist) 22 September 2015
This query is : Resolved
In domestic inquiry if Enquiry Officer submits his report that dismissal is not applicable according to his finding, can Disciplinary Authority overrule the report of EO and dismiss the employee. What weightage than employee have in Labour Court.
kavksatyanarayana
(Expert) 22 September 2015
@author, in any inquiry, the Enquiry Officer may propose punishment or not. but orders will be passed on the merits of the enquiry report and on available material on record, the Disciplinary Authority can pass orders. if aggrieved on the orders passed by the Disciplinary Authority, such employee may prefer appeal to the next higher authority or court.
P. Venu
(Expert) 23 September 2015
Please furnish the complete information with material facts.
Guest
(Expert) 23 September 2015
Vague query. In a domestic enquiry case, recommendation of any penalty or applicability or non-applicability of any penalty does not fall within the jurisdiction of the Enquiry Officer. He can simply state, whether charge is proved or not, as based on his findings during the enquiry proceedings. Award of penalty rests at the sole discretion of the disciplinary authority.
Rajendra K Goyal
(Expert) 23 September 2015
Disciplinary Authority can overrule the report of EO and dismiss the employee, with reasons to do so.
Sudhir Kumar, Advocate 
(Expert) 23 September 2015
IO is nobody (just nobody) to suggest as to whether any penalty is warranted or not.
He is only required to stated whether charges are proved or not.
raju
(Querist) 23 September 2015
Please reply my few questions:
1. For how many months domestic inquiry can continue as per rules of law
2. Can charge sheeted employee request IO to summon another employee for want of evidence
3. If another employee refuses that he have not signed or received the documents can his handwriting examination be done from forensic report
Guest
(Expert) 23 September 2015
Mr. Raju,
Your academic style of query even in response to my earlier post and in contradiction to your original query suggests that you don't have any such problem, but you are putting vague queries just to waste time of the experts. If you really have some problem, why you are shy of discussing your problem in its right perspective?
Even your original query was quite vague, when you asked, "IF Enquiry Officer submits his report that dismissal is not applicable according to his finding," what did that mean and why continuing with more and morte academic queries, when you don't have any such problem?
Sudhir Kumar, Advocate
(Expert) 24 September 2015
You have asked:
1. For how many months domestic inquiry can continue as per rules of law
2. Can charge sheeted employee request IO to summon another employee for want of evidence
3. If another employee refuses that he have not signed or received the documents can his handwriting examination be done from forensic report
I have answers for all the questions but I withhold my reply .
I do so because I do not want you to be harmed by views formed without information and information you a re hiding.
raju
(Querist) 24 September 2015
Sir, I have much faith in experts. In fact domestic inquiry is in progress and my allegations were against the disciplinary authority itself. I know that I am right at my place but EO even if passed correct report that also DA will take action against me by way of dismissal.
Advocate. Arunagiri
(Expert) 24 September 2015
DA need not necessary to accept the report of the EO.
But, when the EO's report is in against you and suggesting Dismissal, the DA can reject that report, at this time he need not order for a fresh enquiry.
But, when the EO's report is in your favour, if the DA is not accepting the Report, he can order for a fresh enquiry.
DA can not take a decision to dismiss you, by rejecting the EO's report.
Sudhir Kumar, Advocate
(Expert) 24 September 2015
I tend to disagree with above views.
DA can order fresh inquriy (or further inquiry if he is not finding the report worth acting upon (not merely for change of report). It could be if the inquiry officer has jumped to the conclusion of guilt by skipping any procedure.
If the report is favourable to the accused the the report can be disagreed and there is procedure to disagree.
Sudhir Kumar, Advocate
(Expert) 24 September 2015
You said
"In fact domestic inquiry is in progress and my allegations were against the disciplinary authority itself. I know that I am right at my place but EO even if passed correct report that also DA will take action against me by way of dismissal. "
It is just not understood what do you mean. This forum is no place for riddling.
raju
(Querist) 25 September 2015
Sir, I mean to say that Disciplinary Authority has issued charge sheet against me. My main allegations and evidence on record are against the D.A. itself. EO is appointed by DA. EO can also understand that who is at fault as per findings probably DA. But EO is appointed by DA and if EO submits his findings on inquiry that charges are not proved and just to take a revengeful attitude can DA still dismiss/terminate me. If I am dismiss or terminate can EO report if submitted to me, shall benefit me in Labour Court for early decision.
Guest
(Expert) 25 September 2015
Mr. Raju,
Your questions are quite irrelevant. Suppositions, like "IF" the E.O. submits hid findings, has no relevance. Better wait for the report of the E.O., a copy of which will be supplied to you.
Mind it, the E.O. is not supposed to enquire in to the allegation against the disciplinary authority. He is E.O. to enquire in to the charge against you only.
So, avoid posting any irrelevant questions merely based on presumptions. You must first wait for the recommendations to be received through the report of the EO.
raju
(Querist) 22 November 2015
In cross examination Enquiry Officer has not endorsed my correct statement. What can be done. Are photocopy letter valid issued by department as original lies with employer. Please advice.
Sudhir Kumar, Advocate
(Expert) 22 November 2015
I have answers for all the questions but I withhold my reply .
I do so because I do not want you to be harmed by views formed without information and information you a re hiding.
K.S.Srinivas
(Expert) 22 November 2015
If you are not able to prove the allegations made against the disciplinary authority, then you will be at receiving end.
