Domestic enquiry

dear mr kameswarrao,

It depends on which standing order is applicable to you, the model one or certified standing orders?  If the standing order provides only co-worker or union representatives to appear in the enquiry, then only those persons can appear, but there is no bar from outsider to defend the delinquent workman too.

Dear Sir,

Thanks you for your reply, I am talking about the Model standing orders and I heard that no outsider even the president of union is also not allowed until and unless the union submits the list of persons to the management twice in a year and if not submitted then the EO has every right to object and even the Presenting officer can raise an obejction.

Regards - kamesh

dea rsir,

Please refer to clause 14 of Schedule I of model standing orders which reads that an employee can be defended by a coworker of his department or by an office bearer of the union of which he is the member.  There are catena of judgements wherein the workman having challenged the order of enquiry officer of disallowing outsider as defence representative  are quashed and outsiders are permitted to defend in the enquiry.  In fact at present there is a case before me in which an outsider is a defence representative in a multinational co.  But the enquiry can be conducted in the office of enquiry officer to avoid any complexities or complication.

Dear Sir,

                In Domestic enquiry, Can a presenting officer be a witness  for the  management ?

- surya Krishnan

Dear Mr. Rao,

If the presenting officer is also a witness in the incidence there is no bar from the presenting officer from being a witness, because his role in the enquiry as a presenting officer is just to place the documents before the enquiry officer and conduct evidence, so no prejudice is caused to the delinquent if presenting officer is also a witness in the enquiry.  But it would be better that the presenting officer examines himself first before other witnesses are produced.

Dear Kameswarao,

In fact a delinquesnt has to be given adequate opportunity to defend himself. So, even if the Standing Orders have put a bar on engaging co-worker from outside, may he be a Union leader, that would be unjustified on the part of the management. For the purpose of natural justice, the delinquent must be given adequate opportunity to defend himself by engaging a person, whom he feels to defend him in the case. The Presenting Officer, should not object merely for objection sake.

Dear Surya Krishan,

I would like to differ with the opinion of Darsdhana Sawant The moment a P.O. becomes a witness to the case in a deomestic enquiry, he ceases to become a P.O. of the case, as individual bias of the P.O., as witness, cannot ensure natural justice to the delinquent. He would have enough cause to take shelter of a court of law to prove the bias and even the Inquiry Officer's conduct can also be questioned in allowing to P.O. to continue. So, in that case the Inquiry Officer, himself disallow the P.O. to present the case and ask the management to appoint some other employee as a P.O.