Contributed by Deepak Miglani Adv.
According to Wikianswers.com “Enquiry means asking a question or wanting to know about something”. The evidence in an enquiry can be recorded in a narrative form of a statement. But it is advisable to record it in questions and the answers form for proper analysis of the evidence.
This procedure of relating to holding enquiries is lengthy and complicated for a layman. But it has to be followed as closely as possible, if the management intends to exercise its right of punishing delinquent employees without fear of its being upset later on by an industrial tribunal, or being made a subject-matter of an industrial dispute. However it does not means that unless the above procedure is followed strictly, the decision of the management, punishing an employee is bound to be upset. If rules and procedure are not properly followed, it is material enough to vitiate the enquiry proceedings . As a matter of fact, a fair opportunity is given to the accused workman(1) to remain present at the enquiry;(2) to examine his own witnesses; and (3) to cross-examine the witnesses of the employer. Minor irregularities will not vitiate the enquiry proceedings,which should be avoided. The persons holding domestic enquiries are usually not well versed in law. Rigid observance of the rules and procedure prescribed by the Code of Criminal Procedure,1973 or the Evidence Act,1872 cannot be expected of them.
This procedure of relating to holding enquiries is lengthy and complicated for a layman. But it has to be followed as closely as possible, if the management intends to exercise its right of punishing delinquent employees without fear of its being upset later on by an industrial tribunal, or being made a subject-matter of an industrial dispute. However it does not means that unless the above procedure is followed strictly, the decision of the management, punishing an employee is bound to be upset. If rules and procedure are not properly followed, it is material enough to vitiate the enquiry proceedings . As a matter of fact, a fair opportunity is given to the accused workman(1) to remain present at the enquiry;(2) to examine his own witnesses; and (3) to cross-examine the witnesses of the employer. Minor irregularities will not vitiate the enquiry proceedings,which should be avoided. The persons holding domestic enquiries are usually not well versed in law. Rigid observance of the rules and procedure prescribed by the Code of Criminal Procedure,1973 or the Evidence Act,1872 cannot be expected of them.
For any query:-deepakmiglani@hotmail.com
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