Where to challenge appointment of Enquiry Officer?
Jainodin shaikh
(Querist) 05 August 2014
This query is : Resolved
Which is the proper forum to challenge the appointment of enquiry officer and arbitrary procedure adopted by him?
High Court, Labor Court or Civil Court?
The enquiry is initiated against an officer of a private limited company and NOT against any labor.
Isaac Gabriel
(Expert) 06 August 2014
You can represent to the authority who appointed the enquiry officer.
Advocate. Arunagiri
(Expert) 06 August 2014
You have to file a petition to the appellate authority.
Dr G V Rao
(Expert) 06 August 2014
The Disciplinary Authority .............
Kumar Doab
(Expert) 06 August 2014
The policy document published/circulated by the company would exhibit all such details.
Agreed with experts that representation can be filed with authority that appointed Enquiry Officer/Disciplinary Authority/appellate authority.........
The copy can be marked to Chairman, MD of the company.
Jainodin shaikh
(Querist) 06 August 2014
@ Sudhir Kumar
The delinquent officer requested the enquiry officer to supply him standing order or rules of the company to understand the scheme of departmental enquiry, but the enquiry officer rejected his request.
T. Kalaiselvan, Advocate
(Expert) 09 August 2014
The delinquent officer should know whom to approach for what, the inquiry office is right in rejecting his demand, because the IO is meant for conducting the inquiry and not supplying law books/quotes to the delinquent.
Kumar Doab
(Expert) 09 August 2014
If standing orders are applicable and are not certified Model Standing Orders shall apply.
You may go thru: 14. Disciplinary action for misconduct.
17. Liability of 17[employer]
18. Exhibition of standing orders
If standing orders are applicable and are certified:
---employee can write to concerned HR personnel/Head or appointing authority,MD to supply the certified/authenticated copy and company has to supply even if against a nominal cost say Rs.10/
---Employee or anyone can apply to obtain the copy from CO (certifying Officer) that may be DLC-in O/o Labor Commissioner at the location of Redg. Office of the company against a fixed charge say Rs 3/page.
The CO can confirm that standing orders are applicable but not certified and Model Standing Orders are applicable.
If standing orders are applicable and are certified Model Standing Orders shall apply.
If it is mentioned in appointment letter that service conditions/conduct shall be governed by HR policy/Service Rules and Regulations then these rules/policies should be supplied alongwith appointment letter…………………….Employee can demand authenticated copy of the same. These may be kept at internal/HR portal too and can be downloaded.
IF IO or anyone has declined to provide the copies of such requisite rules/policies etc……………….the employee may write to good offices of appointing authority/MD citing the declinature by Mr/Ms……………..on dated…………………..etc.
Although the employee would like to go to his trusted lawyer, such Labor/Service matters being altogether field the counsel and support of a competent and experienced Labor Consultant/Service matters lawyer/law firm should preferably be obtained.
Guest
(Expert) 09 August 2014
Court is not likely to intervene, if bias or prejudice is not reported to the Disciplinary Authority during the inquiry proceedings and the request is not made for change of the I.O.
Only Disciplinary Authority has the authority to change the I.O., not even the Appellate Authority in the heirarchy for the purpose of the Conduct & Discipline Rules of the organisation.
So, better report the matter before the Disciplinary Authrotiy only, if inquiry is in progress and through the appeal to the Appellate Authority, if the inquiry stage is already completed and penalty order issued.
Jainodin shaikh
(Querist) 10 August 2014
Thanks to all exerts for their valuable view on my query!
Sudhir Kumar, Advocate
(Expert) 06 August 2014
