What Is the Presenting Officer's Role in Starting a Domestic Inquiry? Seeking Clarity

Role of Presenting Officer in Domestic Inquiry

As a PSU Marketing Executive appointed as the presenting officer by the disciplinary authority for a domestic inquiry involving a charge-sheeted HR employee, you may wonder about your role in initiating the inquiry.

Does the Presenting Officer Initiate a Domestic Inquiry?

If the presenting officer has a role in initiating a domestic inquiry, please elaborate on the procedure for initiating the inquiry.

The process of enquiry has three roles: 1) the enquiry officer, who is comparable to a judge in the court; 2) the Presenting Officer, who is comparable to the prosecution; and 3) the chargesheeted employee against whom the enquiry is to be conducted. The enquiry officer will fix the date for the hearing. The Presenting Officer will first lead the evidence against the chargesheeted employee, which means he will be the first to examine witnesses and produce evidence in support of the charges. After he concludes the evidence, the chargesheeted employee will begin his defense.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Role of the Presenting Officer in Domestic Inquiry

Does the Presenting Officer need to prepare and submit to the E.O. a case presentation based on the preliminary investigation report and evidence, leading to the charge sheet for the charged employee to begin the Domestic Inquiry?

If yes, how should one prepare the case presentation?

Regards

As the presenting officer, you need to prepare a list of witnesses and documents on which you rely to present your case, as is normally the procedure in PSUs. A copy of it should be given to the defense on the date of the hearing. Thereafter, you should produce your witnesses first, conduct examination in chief, and then allow the defense to cross-examine them. After the conclusion of evidence by both you (the presenting officer) and the defense, you need to submit your arguments either in writing or orally, as per the procedure applicable to your establishment. It is an extensive subject.

Regards,
B. Saikumar
HR & Labor Law Advisor
Mumbai

Dear Shri Saikumar, please guide me on how to initiate the case presentation, if possible, with an illustration or case example.

Dear Shri Saikumar, could you please recommend a good book on domestic inquiries?

Regards,
gniyogi