Once the allegations are proved and the findings given in SH case, Can the respondent ask the IC to produce all persons who were attended and answered in the inquiry as he is not satisfied the findings given by IC as per SH Act?
With Warm Regards
From India, Villupuram
2With Warm Regards
From India, Villupuram
Clarification Sought:- "Once the allegations are proved and the findings given in SH case, Can the respondent ask again the IC to produce all persons who were attended and answered in the inquiry as he is not satisfied the findings given by IC as per SH Act?
Clarification Offered by Kritarth Team of Spl Educators:- "Once the Internal Committee submits/forwards their Definite and Conclusive "Findings" along with their Report of Inquiry into SH Complaint after conducting the Inquiry Proceedings in accordance with the Principles of Natural Justice and the laid Down Inquiry Procedures for such Internal Inquiries the IC Findings becomes Final and Binding.
Further, even if the Respondent applies to the ICand or the Employer for "Reinquiry" afresh, such Request or Appeal Need Not Be reconsidered or Reviewed or Reqinquiry Ordered againby the same IC or by Second IC whose Members are different from the First IC under reference.
Kritarth Team Hopes that the concerned Internal Committee and or its Presiding Officer or the Member (External) who participated in th Inquiry Proceedings throughtout Inquiry Proceedings gave him All Reasonable Opportunities to the Respondent to "defend"himself which would have included, "Cross-Examination" by him of the Recorded Testimonies of the Complainant and her Witnesses and or Documents/Evidence in support of her Allegations and
WOULD have certainly Issued " Set of Copies" of their Findings to the Aggrieved Woman-Complainant and the Respondent to make Representation if any before the IC.
The Only course of Action, legally available to the Respondent, as it were, is to " File an Appeal" before the Courts of Law as prescribed under the Laws.
Kritarth Team of Spl Educators,
6th August 2018
From India, Delhi
Clarification Offered by Kritarth Team of Spl Educators:- "Once the Internal Committee submits/forwards their Definite and Conclusive "Findings" along with their Report of Inquiry into SH Complaint after conducting the Inquiry Proceedings in accordance with the Principles of Natural Justice and the laid Down Inquiry Procedures for such Internal Inquiries the IC Findings becomes Final and Binding.
Further, even if the Respondent applies to the ICand or the Employer for "Reinquiry" afresh, such Request or Appeal Need Not Be reconsidered or Reviewed or Reqinquiry Ordered againby the same IC or by Second IC whose Members are different from the First IC under reference.
Kritarth Team Hopes that the concerned Internal Committee and or its Presiding Officer or the Member (External) who participated in th Inquiry Proceedings throughtout Inquiry Proceedings gave him All Reasonable Opportunities to the Respondent to "defend"himself which would have included, "Cross-Examination" by him of the Recorded Testimonies of the Complainant and her Witnesses and or Documents/Evidence in support of her Allegations and
WOULD have certainly Issued " Set of Copies" of their Findings to the Aggrieved Woman-Complainant and the Respondent to make Representation if any before the IC.
The Only course of Action, legally available to the Respondent, as it were, is to " File an Appeal" before the Courts of Law as prescribed under the Laws.
Kritarth Team of Spl Educators,
6th August 2018
From India, Delhi
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