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
From India, New Delhi
221Thanks
Sushil
From India, New Delhi
i request to seniors, please explain me the process of Domestic enquiry. as
1. who involve in the enquiry process?
2. Who appoint enquiry officer?
3. Can management appoint an employee to enquiry officer.
4.which document basically require in enquiry process.
i request again please put dark light on above case.
if possible, please send me on anujsaini6@gmail.com
From India, Dehra Dun
1. who involve in the enquiry process?
2. Who appoint enquiry officer?
3. Can management appoint an employee to enquiry officer.
4.which document basically require in enquiry process.
i request again please put dark light on above case.
if possible, please send me on anujsaini6@gmail.com
From India, Dehra Dun
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.
Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
DOMESTIC ENQUIRY.ppt