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Welcome! The purpose of this blog is to share information and knowledge on Departmental Inquiry. Consultancy guidance and training services are available.
Important: Every effort has been taken to provide relevant and up-to-date information, however I do not take any responsibility for any action taken on the basis of the tips/write-ups in this blog.

You may visit following blogs:
- 'Quality Concepts and ISO 9001:2008 QMS Awareness' at http://iso9001-2008awareness.blogspot.in/
- 'ISO 9001 QMS Awareness' Blog in Hindi at http://iso9001awareness.blogspot.in/
- 'EMS Awareness' Blog at http://emsawareness.blogspot.in/
- Blog on 'Forthcoming ISO 9001:2015 QMS Awareness' at http://qmsawareness.blogspot.in
With best wishes,

Monday, August 20, 2012

FREQUENTLY ASKED QUESTION – 1




What should be the venue of the inquiry?

This is a question generally comes in the mind of the IO at the time when he decides the venue. Generally, the inquiry is held at a place where the employee is posted or at the place where the controlling office of the employer is situated.

When inquiry is held at the controlling office, which is not a place where the employee is posted, then the CE is reimbursed travelling expenses and halting allowance as per rules for attending the inquiry. If the controlling office is situated in the same city, where the employee is posted then there is no question of payment of halting allowance etc.

In case the employee makes an application for change in the venue of the inquiry then there must be some cogent reason to refuse the request.

There is no hard and fast rule as to where the inquiry is to be held. Looking to the circumstances, the venue of inquiry may be changed by the IO. The only thing is to be seen that the employee, in any way, should not be denied the opportunity of defending himself by reason of change of venue.

With best wishes,

Keshav Ram Singhal

Abbreviation

IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority

Saturday, August 11, 2012

GENERAL TIPS – 21



TIPS FOR THE CHARGED EMPLOYEES AND DEFENCE REPRESENTATIVES - 3

Examination-in-chief of the prosecution witness is done by the PO. Carefully listen to the examination and prepare for the cross-examination.

You should ensure that defence witnesses are produced during the inquiry without avoidable delay.

You should not ask for the unjustified adjournments.

You should start defence statements only after the case in support of the charge is closed by the prosecution.

Examination-in-chief of the defence witnesses by the DR should be done with at most care. You should restrict to the points best known to each witness.

Please follow the cross-examination of the defence witness closely and carefully. You may re-examine the defence witness to clarify any point, which came up during cross-examination.

Before the close of defence evidence, if CE wish to give his evidence as defence witness, please inform the same to the IO.

Please ask for the copy of witness brief if any filed by the PO. Carefully read the written brief of the PO. You should file defence written brief only after reading the written brief of the PO.

Your attitude at the inquiry should be cooperative one.


With best wishes,

Keshav Ram Singhal

Abbreviation

IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority

GENERAL TIPS – 20




TIPS FOR THE CHARGED EMPLOYEES AND DEFENCE REPRESENTATIVES - 2

You should submit your list of additional documents and defence witnesses to the IO only after completion of the inspection of documents listed along with the charge sheet and after reading the earlier statements of the witnesses.

Cross-examination of the prosecution witnesses should be done tactfully. The aim of the defence should be to expose the hollowness, if any, in the testimony. The cross-examination of the prosecution’s witnesses is the most powerful weapon in the hands of the defence to unravel the truth and to break completely a false witness.

You may discredit the prosecution witnesses by impeaching their trustworthiness.

Necessary preparations should be done for cross-examination.

You should prepare a list of cross-examination questions in advance. Do necessary home work for this. This exercise will be useful for the defence.

With best wishes,

Keshav Ram Singhal

Abbreviation

IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority

Friday, August 10, 2012

GENERAL TIPS – 19




TIPS FOR THE CHARGED EMPLOYEES AND DEFENCE REPRESENTATIVES - 1

CE can take help of a DR in the departmental inquiry as per rules in this regard. It is always better to seek assistance of an experienced DR.

Please do study and understand the departmental inquiry procedures fully.

You should read and understand the charges and allegations, on which they are based, very carefully.

Please study the charges/allegations with regard to date, time, place and manner of occurrence as mentioned in the charge sheet.

Please carefully check that the charge sheet is signed by the DA himself.

You must check up all factual statements in the charge sheet and the statement of allegations.

Inspection of documents should be done with utmost care. Always take extract or make out full copies (as may be necessary) of the documents. Please remember that the inspected documents will not be made available again for inspection. In case photocopies of the documents are made available, please compare these photocopies with the originals.

In the preliminary hearing, you should ask for the copies of the earlier statements made by the witnesses.

Please read the earlier statements of the witnesses carefully. Thia will help the defence to know the presentation case and you may be able to prepare certain questions for your cross-examination.

You may ask for the copies of the confidential reports, preliminary enquiry reports, police investigation reports, if these are used during the inquiry by the PO.

With best wishes,

Keshav Ram Singhal

Abbreviation

IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority

GENERAL TIPS – 18



TIPS FOR THE PRESENTING OFFICERS - 2

You may dispense with needless witness/witnesses.

You should examine the investigating officer as the last witness, if it is necessary.

You must follow the cross-examination of your witnesses carefully and should re-examine then to clarify any important point related to the case.

You should take care to lead all evidence at the proper time. You must know that no new evidence can be introduced to fill up gaps.

You must satisfy yourself about trust-worthiness of defence witness/witness and must cross-examine defence witness/witnesses tactfully to bring out truth and to expose hollowness of their testimony, where necessary.

You must discredit the defence witness by impeaching their trust-worthiness.

The most important point you must know that the burden of proof is on the prosecution and it is your prime duty to prove the charge in the inquiry to the best possible.

You should be able to prove, with reference to the documentary and oral evidence produced during the inquiry, the articles of charge.

At the close of the inquiry, you have to sum up arguments by filing a written brief. You should write the written brief with full care.

With best wishes,

Keshav Ram Singhal

Abbreviation

IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority

Next Post will be on “Tips for CHARGED EMOLOYEES and DEFENCE REPRESENTATIVES.” Thanks.

GENERAL TIPS – 17



TIPS FOR THE PRESENTING OFFICERS - 1


Please examine your order of appointment. Please check whether it is signed by thecompetent authority.


Please carefully read the charge-sheet and related papers.


You should have discussions with investigating officer(s), if any and also see related records. This will help you to know the case.


You should examine all documents to be produced in support of the articles of charge.
You should arrange the documents as proof of the charge.


Please acquaint yourself with the inquiry rules, regulations and technical aspects of the issues related in the departmental inquiry.


You should be ready to handover the various documents to the IO on the first day of the regular hearing.


You should be polite towards the CE, DR and their witnesses. Your attitude should be positive one.


You should refrain from attacking character of the CE unless it becomes absolutely essential due to exigencies of the case.


You should be clear in your mind – What aspect of the case you wish to borne out by which evidence/witness/witnesses.


In your examination-in-chief of the prosecution witnesses, you should restrict evidence of each witness to the facts best known to him. You should put your questions carefully.


You should decide proper sequence in which witnesses are to be examined.


You should clearly understand that it is not essential to examine the witnesses in order as mentioned in the list of witnesses given to the CE.


You may dispense with needless witness/witnesses.


With best wishes,


Keshav Ram Singhal


Abbreviation

IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority

Tuesday, August 7, 2012

Useful Quarterly Magazine 'Domestic Enquiry'

I am glad to inform information about a useful quarterly magazine 'Domestic Enquiry'. It is regularly published by All India State Bank Officers' Federation (AISBOF), State Bank Building, St. Mark's Road, Bangalore - 560001 (India). Presently Mr. D. S. Rishabadas is its editor.

More details may be seen at the website of AISBOF at http://aisbof.org/publication.htm.

With best wishes,

Keshav Ram Singhal