Dear Clarification-Seeker,
From Delhi.
Your Point:-"What is the time limit of submission of Findings/Report of the Enquiry Officer? Can any Employer start Proceedings/Proceure of Enquiry after one year from the date of suspension ? Please clarify.
Kritarth Team of Inquiry Officers OFFER following Clarifications:- .
..."As per the Honourable Supreme Court of India, Domestic/ Departmental/Managerial Inquiry Proceedings Must Be concluded/Completed within six months as an outer limit. Where it is not possible for the Employer to conclude due to certain unavoidable causes arising in the proceedings within the time frame then efforts should be made to conclude within reasonably extended period depending upon the cause and the nature of inquiry "But not more than a year. "
It is Noteworthy that the Judegement of our Supreme Court of India is to be treated as Law Legisted by our India's Parliament under theArticle 141 of the Constitution of India.
Kritarth Team of Professional Inquiry Officer and Practioner, deems it our Duty, to Quote the RelevantExtract of the Supreme Court's above referred to Judement of 16.Dec 2015 as under:
Extract Quoted:
....Time and again, this Court has emphasized that it is the duty of the employer to ensure that the departmental inquiry initiated against the delinquent employee is concluded within the shortest possible time by taking priority measures......"In cases where the delinquent is placed under suspension during the pendency of such inquiry then it becomes all the more imperative for the employer to ensure that the inquiry is concluded in the shortest possible time to avoid any delay,....it should be concluded within six months as an outer limit."
....."Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the time frame then efforts should be made to conclude within reasonably extended period depending upon the cause and the nature of inquiry but not more than a year." Unquote
The said Guidelines in the aforesaid Judement in respect of Civil Appeal No 958 of 2010 MUST thus and therefore Be Followed by Every Employer, in Letter and Spirit, Fairhfully and Properly.
Kritarth Team has always adhered to the Said ORDER in all Domestic Inquiries for Which theEmployers across India Appointed us the Inquiry Officer with yet another Advantage that our Team conduct the Inquiries Within the Shortest Possible Time and Withing the Lowest Possible Cost strictly in accordance with the Twin Principles of Natural Justice.
Kritarth Team,
11th August 2018