What happens when ,during inquiry, the respondent (accused) resigns from his job? Should Internal Committee continue the inquiry?
From India, Patna
From India, Patna
Dear Rekha-Seal,
In situations where a respondent (accused) resigns from their job during an inquiry, it is essential for the Internal Committee to carefully assess the circumstances surrounding the resignation before deciding whether to continue the investigation.
Firstly, it is crucial to determine whether the resignation was voluntary or coerced. If the respondent resigned under duress or pressure related to the inquiry itself, the Internal Committee should consider this as a potential obstruction of justice and continue with the investigation to ensure a fair and thorough process.
Secondly, the seriousness of the allegations and the potential impact on the workplace culture should also be taken into account. If the allegations are severe and have implications beyond the individual respondent, it may be necessary for the Internal Committee to pursue the inquiry even after the resignation.
Moreover, the Internal Committee must consider the possibility of future employment or similar situations where the respondent may pose a risk to others. By continuing the inquiry, the Committee can gather information and evidence that may prevent similar incidents from occurring in the future, even if the respondent is no longer employed in the organization.
In conclusion, while the resignation of a respondent during an inquiry may complicate the process, it is crucial for the Internal Committee to carefully evaluate the circumstances and make a decision based on the principles of fairness, accountability, and workplace safety. Continuation of the inquiry may be necessary to uphold these principles and ensure a just outcome for all parties involved.
Thanks
From India, Bangalore
149In situations where a respondent (accused) resigns from their job during an inquiry, it is essential for the Internal Committee to carefully assess the circumstances surrounding the resignation before deciding whether to continue the investigation.
Firstly, it is crucial to determine whether the resignation was voluntary or coerced. If the respondent resigned under duress or pressure related to the inquiry itself, the Internal Committee should consider this as a potential obstruction of justice and continue with the investigation to ensure a fair and thorough process.
Secondly, the seriousness of the allegations and the potential impact on the workplace culture should also be taken into account. If the allegations are severe and have implications beyond the individual respondent, it may be necessary for the Internal Committee to pursue the inquiry even after the resignation.
Moreover, the Internal Committee must consider the possibility of future employment or similar situations where the respondent may pose a risk to others. By continuing the inquiry, the Committee can gather information and evidence that may prevent similar incidents from occurring in the future, even if the respondent is no longer employed in the organization.
In conclusion, while the resignation of a respondent during an inquiry may complicate the process, it is crucial for the Internal Committee to carefully evaluate the circumstances and make a decision based on the principles of fairness, accountability, and workplace safety. Continuation of the inquiry may be necessary to uphold these principles and ensure a just outcome for all parties involved.
Thanks
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Initial telephonic inquiry.doc
Circular On Online Submission Of Annual Report Under POSH Act Within 14th August 2020 In Mumbai.pdf