On the basis of complaint, one departmental inquiry was initiated against on messenger of a nationalized bank. In the inquiry process, the complainant was not produced as witness. The Inquiry Officer has termed all three allegations as proved. The disciplinary authority agreed the findings of the inquiry officer and gve a copy of the inquiry report to the charge sheeted employee. The employee on his submission stated that without any prosecution document (except the complaint) and witness, the inquiry officer cannot established the allegations. He pleaded for his exenoration from the allegations. After getting submission from the employee, the DA has constituted a De novo inquiry with another E.O. and PO.
In the denovo inquiry, the complainant was produced and he pleaded that his complaint should be treated as withdrawn. All the three allegations have been treated as not proved by the inquiry officer but DA has not agreed with his view for two allegations and gave his reasons citing the complaint.
Departmental enquiry in Nationalized Banks held under birpartite Settlement with IBA dated 10.04.2002 where there is no provision for Denovo enquiry. Whether Denovo enquiry in the above case is justified? Whether in Denovo enquiry, inquiry officer and presenting officer can be changed?
There were no loss by the bank in the above case.
If someone will clarify on the points raised will be beneficial for Award employyes of Nationalized Banks.
