While focusing reply to the query as to what action can be taken against a biased enquiry officer, though his report can be set aside by a labour court, it is felt that the employee should quote extracts of relevant judgments of Apex and High Courts in support of his submissions before the enquiry officer. If the enquiry officer does not follow the law of the land and if it is later found that in the facts of the case the said law of the land was applicable but the enquiry officer flouted the law, he is guilty of criminal contempt of court. See Bardikanta v Bhimsen dixit case of 1972 decided by apex court and other case of Bitta v union of India of 2011 decided by Apex court. The crux is that everyone is bound to follow the law of the land. Let these submissions be tested before appropriate forum in relevant case.
Thanks
Sushil
Thanks
Sushil