Appoint a Professional as an Inquiry Officer or Inquiry Committee Member for Serious Acts of Misconduct.
Conducting a proper domestic inquiry is a specialist's job, especially in cases of serious or grave alleged misconduct where emotions run high, the atmosphere is charged, or influential persons on the muster roll are involved.
Domestic or internal inquiries must be conducted in accordance with the principles of natural justice and the procedures laid down by the apex court in this regard.
Any deficiency or lapse, whether committed by design or default, in conducting the domestic inquiry renders it null and void, vitiated, and not maintainable. There have been instances where faulty domestic inquiries have been set aside by the appropriate courts or judiciary, leading to the reinstatement of the discharged worker/employee with full back wages—a severe consequence.
Employers or management now have the option to engage a former manager with hands-on experience as an inquiry officer or inquiry committee member to conduct a fair and proper domestic/internal inquiry.
Advantages:
1. Has successfully conducted many inquiries without being subjected to judicial review or reinstatement with back wages.
2. Is not a legally trained mind or a legal practitioner but has managerial experience in establishments.
3. Is well-versed in inquiry procedures and the principles of natural justice and has never lapsed.
4. Is sensitive and sensible, not influenced by the outcome of the charge sheet, explanation letter, or the inquiry itself.
5. Completes inquiry procedures in the shortest possible time without prolonging on any pretext.
6. Prepares and submits inquiry reports with findings promptly.
7. Competent in handling complex or ticklish situations that may arise during inquiries intended to stall or delay the proceedings.
8. Cost-effective service.
9. Assured results.
Interested employers, managements, or heads of institutions may contact Kritarth Team, Kritarth Consulting Pvt Ltd at info@kritarth.in or call 91 9560453756 / 91 8884 333343.
Bengaluru Office
16th July 2015
From India, Delhi
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206Conducting a proper domestic inquiry is a specialist's job, especially in cases of serious or grave alleged misconduct where emotions run high, the atmosphere is charged, or influential persons on the muster roll are involved.
Domestic or internal inquiries must be conducted in accordance with the principles of natural justice and the procedures laid down by the apex court in this regard.
Any deficiency or lapse, whether committed by design or default, in conducting the domestic inquiry renders it null and void, vitiated, and not maintainable. There have been instances where faulty domestic inquiries have been set aside by the appropriate courts or judiciary, leading to the reinstatement of the discharged worker/employee with full back wages—a severe consequence.
Employers or management now have the option to engage a former manager with hands-on experience as an inquiry officer or inquiry committee member to conduct a fair and proper domestic/internal inquiry.
Advantages:
1. Has successfully conducted many inquiries without being subjected to judicial review or reinstatement with back wages.
2. Is not a legally trained mind or a legal practitioner but has managerial experience in establishments.
3. Is well-versed in inquiry procedures and the principles of natural justice and has never lapsed.
4. Is sensitive and sensible, not influenced by the outcome of the charge sheet, explanation letter, or the inquiry itself.
5. Completes inquiry procedures in the shortest possible time without prolonging on any pretext.
6. Prepares and submits inquiry reports with findings promptly.
7. Competent in handling complex or ticklish situations that may arise during inquiries intended to stall or delay the proceedings.
8. Cost-effective service.
9. Assured results.
Interested employers, managements, or heads of institutions may contact Kritarth Team, Kritarth Consulting Pvt Ltd at info@kritarth.in or call 91 9560453756 / 91 8884 333343.
Bengaluru Office
16th July 2015
From India, Delhi
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Can an outsider be appointed as enquiry officer in a domestic enquiry?
From India, Pune
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From India, Pune
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Yes, there are many instances where a non-employee (a person not on the muster roll) has been appointed to conduct an internal/domestic inquiry, especially in respect of serious or grave acts of misconduct alleged in the charge sheet or explanation letter.
It should be guided by a judicial pronouncement or settled law that the disciplinary authority, the inquiry officer, or the inquiry committee cannot deny the charge-sheeted/delinquent employee an opportunity to be assisted during the inquiry proceedings as their representative if the management has appointed a legally trained individual (such as a lawyer) as the inquiry officer or as a member of the inquiry committee, or has nominated a management representative with a legal background.
The key consideration is that such internal/domestic inquiries are held (commenced, conducted, and concluded) in accordance with the principles of natural justice, keeping in mind the procedures laid down by the apex court in our country.
Being true to the cause and fair to the people are the embedded hallmarks of the inquiry officer, who is in no way interested in the outcome of the inquiry but is focused on ascertaining the facts of the case.
Feel free to connect in case any further assistance is needed.
Kritarth Team
Email: info@kritarth.in
Website: Kritarth Consulting Private Limited
KCPL Bengaluru Team
18th July 2015
From India, Delhi
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It should be guided by a judicial pronouncement or settled law that the disciplinary authority, the inquiry officer, or the inquiry committee cannot deny the charge-sheeted/delinquent employee an opportunity to be assisted during the inquiry proceedings as their representative if the management has appointed a legally trained individual (such as a lawyer) as the inquiry officer or as a member of the inquiry committee, or has nominated a management representative with a legal background.
The key consideration is that such internal/domestic inquiries are held (commenced, conducted, and concluded) in accordance with the principles of natural justice, keeping in mind the procedures laid down by the apex court in our country.
Being true to the cause and fair to the people are the embedded hallmarks of the inquiry officer, who is in no way interested in the outcome of the inquiry but is focused on ascertaining the facts of the case.
Feel free to connect in case any further assistance is needed.
Kritarth Team
Email: info@kritarth.in
Website: Kritarth Consulting Private Limited
KCPL Bengaluru Team
18th July 2015
From India, Delhi
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Dear Nathrao,
The answer to your question is - Yes, as given by the Kritarth Team. An outsider can be appointed as an EO. There is no law or case law that states an EO cannot be from outside. On the contrary, many corporates and unions prefer the EO to be from outside. This preference stems from the expectation that the EO will conduct the inquiry impartially, unbiasedly, and fairly, with an open mind. One can anticipate such an inquiry by an outsider EO even though they are paid by the company.
What is said by the Kritarth Team, as quoted above, is correct. However, it is not directly relevant to answering Nathrao's query.
Thank you.
From India, Mumbai
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The answer to your question is - Yes, as given by the Kritarth Team. An outsider can be appointed as an EO. There is no law or case law that states an EO cannot be from outside. On the contrary, many corporates and unions prefer the EO to be from outside. This preference stems from the expectation that the EO will conduct the inquiry impartially, unbiasedly, and fairly, with an open mind. One can anticipate such an inquiry by an outsider EO even though they are paid by the company.
What is said by the Kritarth Team, as quoted above, is correct. However, it is not directly relevant to answering Nathrao's query.
Thank you.
From India, Mumbai
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Appointment Letter as Trainee Credit Officer.docx