Departmental Inquiry: May 2011

Thursday, May 19, 2011

Absence Of Presenting officer- Conduct Of Departmental Proceedings

Mr. Ranade, Ex tahsildar from Panvel (Maharashtra) who is conducting an inquiry
had asked me a question as to whether it would be right to proceed with the inquiry
in the absence of presenting officer who failed to remain present in spite of notice to him.
My answer to this question is as under.

It is the discretion of the disciplinary authority as to whether a presenting officer is
to be appointed or otherwise but it is always desirable to appoint a presenting officer
in the proceeding initiated to impose a major penalty . Once the presenting officer is
appointed , it is his duty to remain present on the day fixed by the inquiry officer for
conduct the inquiry proceeding. If the presenting officer remains absent, it would
amount to indiscipline and he will be lliable for disciplinary action. for his lapse..

If the presenting officer remains absent in spite of notice to him, the inquiry officer
may adjourn the proceeding and inform in writing to the disciplinary authority about
the said absence and making it further clear that the inquiry will be proceeded with
on the next date fixed ,even in the absence of presenting officer. The presenting
officer also be informed accordingly. In-spite of this if presenting officer remains
absent, the inquiry officer should proceed with the inquiry. If witnesses on behalf
of the disciplinary authority are present, they should be examined and their
depositions recorded by the inquiry officer . After examination of each witness,
,he should be allowed to be cross examined by the delinquent employee or his
defence assistant.Similarly after examination of each of the witnesses on behalf
of the employee, the inquiry officer should ask the questions to each witness
with a view to know the all the facts involved in the case so that he will be
able to draw the conclusions and give his findings on each of the charges leveled
against the employee.Then the inquiry should be completed as per the procedure
prescribed in the relevant rules.
.
REMEMBER THAT THE INQUIRY CONDUCTED IN THE
ABSENCE OF PRESENTING OFFICER DOES NOT
GET VITIATED .

NOTE: Queries in relation to conduct of departmental inquiry , if any ,may be
sent to me on my e mail address viz. shridharji@hotmail.com Reply to such
queries will be given on this blog so that others also can benefit from them

Friday, May 13, 2011

PARDON ME

FRIENDS,

FOR THE LAST TWO DAYS THE WEBSITE OF BLOGGER WAS NOT AVAILABLE
AND THEREFORE I COULD NOT WRITE THE THOUGHT FOR TWO DAYS.
PLEASE PARDON ME FOR THE SAME.

Sunday, May 08, 2011

Whether the Presenting Officer can be a witness , in Departmental Proceedings ?

Mr. Ranade, Ex tahasildar, Panvel has asked me two questions.
The first question is whether the presenting Officer can be a witness ?
The second question is whether the inquiry proceedings can ba continued and finalized even in the absence of the presenting officer who fails to remain present inspite of notice to him.

The answer to the first question is Yes. The inquiry does not get vitiated on the ground that the presenting officer has appeared as witness.However whenever the presenting officer appears as witness, after his examination in chief, the delinquent employee or his defence assistant should be allowed to cross examine him.

The reply to the second question will be given on the blog in 2-3 days.

The doubts or questions in regard to departmental inquiries may be sent to me on my email i.d. My email address is shridharji@hotmail.com
with best wishes to one and all,

S.D.Joshi