I am conducting a domestic inquiry as Inquiry Officer.The Management has appointed a high ranking officer-viz,Dy.General Manager as Mgt.Representative.As per the Model Standing Orders and Service Rules,applicable to the Co-Operative Banking Sector in Maharashtra,the deliquent employee can be allowed to be represented by a colleague or an office bearer of his Union.However,in the intant case,since the management has appointed such high ranking official as Mgt.Repr.the Defence side has demanded that they should be allowed to appoint a lawyer as defence representative.
Can this be allowed? If I disallow this,can the inquiry be treated as vitiated -i.e. going against the principles of natural justice?.Are there any case laws on this point?
Kindly guide me. Thanks,
Skant
From India, Mumbai
Can this be allowed? If I disallow this,can the inquiry be treated as vitiated -i.e. going against the principles of natural justice?.Are there any case laws on this point?
Kindly guide me. Thanks,
Skant
From India, Mumbai
Dear
If the DGM is legally qualified then representation by a Lawyer will ease the whole enquiry.In fact the normal belief that Lawyers will be obstacles in an enquiry may not be true.If the Enquiry officer follows the right procedure they will not object..On the contrary they will help the Enquiry Officer in following the right procedure.
rajanassociates
From India, Bangalore
50If the DGM is legally qualified then representation by a Lawyer will ease the whole enquiry.In fact the normal belief that Lawyers will be obstacles in an enquiry may not be true.If the Enquiry officer follows the right procedure they will not object..On the contrary they will help the Enquiry Officer in following the right procedure.
rajanassociates
From India, Bangalore
Rajanassociates has rightly opioned. But if the DGM is not a legally qualified person, then don't allow lawyer on defense side. Insist on Union Office bearers or coworker. The enquiry will not vatiate. At the most the delinquent may approach court. But the court doesn't interfere when enquiry is going on. However, lodge your say clearly in the proceeding papers as to why defense was not allowed lawyer.
regards
From India, Nagpur
regards
From India, Nagpur
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