Kritarth Consulting" Appoint Professional as Inquiry Officer or Inquiry Committee Member for Serious Acts of Misconduct "
Conducting a Proper Domestic Inquiry is a Specialist's Job. Especially in serious / grave Acts of Misconduct, alleged. Where emotions run high or atmosphere is charged or where influential Person-on-Muster-Roll are involved
Domestic or Internal Inquiries must necessarily /compulsorily /mandatorily be conducted in accordance with the Principles of Natural Justice and as per the Procedures laid down by Apex Court in this respect.
Any deficiency or lapse - committed by design or default - in so conducting the Domestic Inquiry makes it null & void, vitiated and not maintainable. Examples are not wanting where faulty Domestic Inquiry have been set aside by the appropriate Courts / Judiciary and Reinstatement of the Discharged-from-Service Worker/Employee with full back Wages. A Stricture, indeed.
Employers / Management now have an OPTION. They can engage a former Manager with Hands-On Experience as Inquiry Officer or Inquiry Committee Member to conduct a Fair & Proper Domestic /internal Inquiry.
1. Has properly & successfully conducted many Inquiries without any subjected to Judicial Review or Reinstatement with back Wages;
2. Is not a Legally trained Mind / A Legal Practitioner and Has been a Manager all along in Establishments;
3. He is thorough with the Inquiry Procedures and the Principles of Natural Justice and has never lapsed any time;
5. He is Sensitive and Sensible - Not interested in the Outcome of the Charge-Sheet or Explanation Letter or the Inquiry, per se;
6. Completes Inquiry Procedures " within the shortest Possible Time "/ does not prolong Inquiry on Pretext;
7. Prepares & submits his Inquiry Report with Findings within shortest possible time frame;
8. Competent & able to effectively deal with "ticklish /complex situations / occurences" which crop up during Inquiries which are intended to stall /delay the Inquiry
Proceedings such as "Walk-Outs, "Boycotts", "Aggression', "Non-Cooperation" and the like; and
9. Cost-effective Service;
10 Assured Results
Interested Employers / Managements / Heads of Institutions may contact Kritarth Team , Kritarth Consulting Pvt Ltd
91 9560453756 /91 8884 333343
16th July 2015
From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Insolvency N Gst Professional
Korgaonkar K A
Posh Programs; Hr Management Consultants
nathraoCan an outsider be appointed as enquiry officer in a domestic enquiry?
From India, Pune
Kritarth ConsultingYes, there are many instances where a No-Employee (Person not on the Muster-Roll) have been appointed o conduct Internal /Domestic Inquiry especially in respect of serious/grave acts of Misconduct alleged in the Charge-Sheet /Explanation Letter.
Just be guided by a Judicial Pronouncement /settled Law that the Disciplinary Authority and or the Inquiry Officer or the Inquiry Committee can not deny the Charge-sheeted/delinquent Employee an opportunity to be assisted during the Inquiry Proceedings as her/his Representative in case the Management has appointed a Legally Trained Mind (read a Lawyer) as the Inquiry Officer or as a Member of the Inquiry Committee or has nominated a Management Representative with a background of a Legally Trained Person /a Lawyer/Advocate.
Key consideration is that such Internal / Domestic Inquiries are held ( commenced, conducted & 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 embedded Hallmark of the Inquiry Officer who is in no way, interested in the OUTCOME of the Inquiry
and is focused on ascertaining the facts of the Case.
May connect in case any further assistance is needed.
Kritarth Team Kritarth Consulting Private Limited
KCPL Bengaluru Team
18th July 2015
From India, Delhi
korgaonkar k aDear Nathrao,
Answer to your question is - Yes as given by Kritarth Team.
Outsider can be appointed as EO. There is no law or case law states that EO can not be from outside. On the contrary, many corporates and unions prefer the EO from outside. This is because, EO is expected to conduct the enquiry in an impartial, unbiased, fair way with open mind and one can expect such kind of enquiry by outsider EO even-though he is paid by the company.
What is said by Kritarth Team as quoted above is correct but the same is not relevant in answering the query of Nathrao to the point.
From India, Mumbai
R H MitkaryYes. Outsider non interested person in either party can be appointed as I.O. If any body desires to engage as I.O can contact me.