The role of Inquiry Officer is to hold an in-depth inquiry with the twin purpose
(i) to bring out correct facts of the case after holding an inquiry in accordance with the prescribed procedure
(ii) to ensure an impartial and fair hearing to the charged official.
Broadly speaking, the Inquiry Officer has to perform the following functions :-
1. To bring on record all documents in support of the charges and those permitted for the defence.
2. To record oral testimony of the prosecution and the defence witnesses after subjecting them to cross-examination by the opposite party.
3. Generally to examine the Charged Official after the evidence has been recorded. The purpose is to get clarifications from the Charged Official on the evidence against him.
4. To analyse the evidence recorded by him and make correct and proper assessment of the effect of total evidence on record.
5. To write a reasoned report of inquiry giving his pointed findings whether the charges are proved or not proved
IMPORTANT DO's FOR INQUIRY OFFICER
• Check up your order of appointment as Inquiry officer.
• Check up that the following documents have been received along with your order of appointment
1. A copy of the articles of charge and the statement of imputations of misconduct Of misbehaviour
2. A copy of the written statement of defence, if any, submitted by the charged official
3. A list of documents by which, and a list of witnesses by whom the articles of charge are proposed to be sustained
4.Copies of the statement of witnesses, (if any) recorded in the course of preliminary enquiry/investigation
5. Evidence proving the service of the charge sheet on the Charged Official.
6. A copy of the order appointing the Presenting Officer
• Send notices of preliminary hearing in the prescribed form.
• See that the notices are served in person on the Charged Official or communicated to him and duly acknowledged.
• At the preliminary hearing, apprise the Charged Official and the Presenting Officer of the procedure of inquiry.
• Find out if the charged official wishes to admit any of the charges in the Preliminary hearing.
• Ask the CO whether he requires any Defence Assistant to be nominated.
• Ask the CO to inspect the listed documents and accept the documents for genuineness.
• Decide relevance of defence documents and witnesses quickly.
• Record reasons in the Daily Order Sheet for disallowing the defence documents/witnesses.
• Send requisition for the additional documents to the authority to whom the documents belong.
• If necessary, have a second preliminary hearing for the purpose of reducing the number of witnesses and documents in consultation with the Presenting Officer and the CO. This could cut out a lot of delay at a later stage.
• Open a Daily Order Sheet and record the daily transaction of business therein, and signed the same, the signature of Charged officer and Presenting Officer be also be obtained and a copy be provided to them.
• Send notices to witnesses in the prescribed form. In the case of witnesses who are public servants, requests should be sent to the Head of the Department/office to ensure the attendance of the witnesses concerned.
• Notice to private witnesses may be sent direct or through the Presenting Officer/Charged Official.
• Hold regular hearing on day-to-day basis without avoidable loss of time.
• Send intimation to the controlling authority about the officer selected by the Charged Official his Defence Assistant.
• Obtain certificate from the Defence Assistant that he is having not more than three cases in hand in which he is rendering defence assistance.
• Reject all requests for adjournments etc. which appear to be meant to obstruct or delay the proceedings, but always record reasons for such rejections, in the Daily Order Sheet.
• Before regular hearing commences, obtain certificate of inspection of documents from the charged official.
• Record the questions disallowed by you during the cross examination.
• Depositions of the witness(es) should be recorded during the enquiry and the signatures obtained thereon.
• After the case of the disciplinary authority is closed, you should require the Charged Official to state his defence orally or in writing, as he may prefer. If the defence is made orally, record it and ask the charged official to sign the record. Give a copy of the statement of defence to the Presenting Officer.
• If the Charged Official has not offered himself as a witness, you must question him generally on the circumstances appearing against him at the end of the prosecution case.
• The deposition of each witness should be recorded on a separate sheet under your dictation and you should record a certificate at the end of each deposition as follows : "Read over to the witness in the presence of the Charged Official and admitted correct / objection of witness recorded."
• Reject any request for permission to introduce new evidence or recall any witness merely to fill up any gap in the evidence.
• Allow the charged employee to respond to the written brief of the Presenting Officer within a reasonable period, say within 07 days.
• Submit your report of inquiry to the Disciplinary Authority along with all original records within a reasonable period.
IMPORTANT DON'TS FOR INQUIRY OFFICERS
Do not:-
• Proceed with the inquiry if you have any personal interest whatsoever in it. If you yourself feel that you have a bias either way, return the inquiry to the Disciplinary Authority explaining your position.
• Summon witnesses merely to prove formal documents whose genuineness and authenticity are admitted by the Charged Official.
• Give publicity since departmental proceedings are in the nature of a domestic inquiry.
• Continue with the proceedings if a representation of the Charged Official alleging bias against the Inquiry Officer is pending consideration.
• Postpone preliminary hearing simply because the Charged Official could not arrange defence assistance.
• Call for the documents or examine a witness to decide the question of their relevance.
• Requisition of the additional documents from the Disciplinary Authority. You have to write direct to the authority in whose custody or possession these documents lie.
• Throw the responsibility of calling defence witnesses on the Charged Official.
• Allow any request from the Charged Official for supply of copies of voluminous documents (He is, however, free to take extracts).
• Summon the following documents :
o Report of preliminary enquiry/investigation
o File dealing with the disciplinary case against the Charged Official
o Advice of the CVC/Ministry
• Consult others behind the back of the Charged Official.
• Look into unspecified record.
• Allow the Presenting Officer to insist that the witnesses should be examined in the same order in which they have been listed in the charge-sheet.
• Allow leading questions, except in cross-examination. Put leading questions to the witnesses, yourself.
• Allow adjournments on flimsy grounds.
• Allow 'New evidence' to fill up gaps. It should be allowed if there is an inherent lacuna in the evidence already recorded.
• Allow the Presenting Officer to introduce any new point during the examination of a witness unless he has convinced you of its necessity and taken prior permission.
• Put any question yourself to a witness or the Charged Official from your personal knowledge.
• Allow the conduct of the witness to be the subject matter of examination or cross-examination.
• Admit evidence recorded in an earlier inquiry in the subsequent inquiry (in exceptional cases, however, for reasons to be recorded, the evidence tendered in earlier proceedings may be taken on record).
• Allow defence assistance when the charged employee is appearing as a defence witness or when he is answering the mandatory questions, towards the close of inquiry.
• Examine a co-accused in a common proceedings as a witness against the other co-accused, unless he opts to examine himself.
• Allow cross-examination of a defence witness by the other charged officials in a joint trial. Only presenting officer can cross examine a defence witness.
• Go in for local inspection of the site of the incident except when accompanied by the charged officials and the presenting officer.
• Supply copy of the written brief of the Charged Official to the presenting officer.
• Be bound by the rigid limitations regarding the admissibility of evidence and the degree of proof applicable to criminal proceedings.
• Import anything extraneous into your report but confine yourself to the facts in issue, as brought out in evidence.
• Recommend the penalty to be imposed in your Inquiry Report.
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- Anadhra Pradesh
- AP Integrated Act 2015
- Anadhra Pradesh Combined Annual Return under Labour acts for the year ending 31st march 2016 Screenshot
- AP Combined Returns Under Various Labour Laws Amendments To The Schedules – Notification
- AP Shop Establishment Registrations to be made only through mee-seva
- THE A P SHOPS AND COMMERCIAL ESTABLISHMENTS ACT FEE
- APSE Updation
- GRANT OF EXEMPTION TO ALL RETAIL ENTERPRISES FROM SECTIONS 7 ,9, 12, 23, 31 AND 37 OF THE AP SHOP ACT, 1988 FOR 5 YRS
- AP Labour Department Online Inspection System
- AP LABOUR DEPT. GO's DURING 2008, 2009, 2010, 2011, 2012 and 2013
- A P LABOUR DEPARTMENT NEW INSPECTION PROCEDURE - REVISED ORDERS
- Amendment notification of the AP Factories Rules, 1950. "Sec. 61-A Safety Officer
- SHOP ACT - CHAPTERS WISE ::
- Ch-IV: SHORT TITLE AND APPLICATION
- REGISTRATION OF ESTABLISHMENTS
- CHAPTER III : SHOPS
- Ch-IV: EST. OTHER THAN SHOPS
- Ch-V: EMPLOYMENT OF WOMEN, CHILDREN
- Ch-VI: HEALTH AND SAFETY
- Ch-IV: ESTAB. OTHER THAN SHOPS
- Ch-VII: LEAVE, HOLIDAYS AND INSURANCE
- Ch-VIII: WAGES, CONDITIONS FOR TERMINATION
- Ch-IX: APPOINTMENT POWERS AND DUTIES ETC.,
- Ch X: DUTIES OF THE CHIEF INSPECTOR
- Ch XI : PENALTIES FOR OFFENCES
- CHAPTER XII : MISCELLANEOUS
- THE AP SHOPS and ESTABLISHMENTS RULES - 1990
- AP REGISTRATION AND LICENSING
- FREQUENTLY ASKED QUESTIONS
- 365 DAYS EXTENSIONS
- REGISTERS AND RECORDS
- COST OF LIVING ALLOWANCES - CPI Points
- AP Integrated Act 2015
- CONTRACT LABOUR
- EPFO
- EPFO Updations
- PF Amendment in paragraphs 68-J and 68-N Advance for illness in certain cases and members who are physically handicapped
- EPFO revised Admin Charges from 1.36% to (0.5 + 0.65 + 0.00 ) 1.15% w.e.f 01-04-2017
- EPF - Levy of Penal Demages - Deposit of Contribution Through Internet Banking
- EPS Pension Age Limit Increased from 58 to 60 years
- Procedure for Change Employee Name In EPF Account
- EPFO removed grace period of 5 days for contributions remittance
- Reduction in Provident Fund Administrative Charges
- EPF LIMIT INCREASED TO RS. 15000 FROM RS. 6500 AND MIN. PENSION RS. 1000 W.E.F 01.09.2014
- EPF’s Monthly Pension and Wage Ceiling Revised
- EPFO Employer e-sewa Registration and data uploading Guidelines
- Grant of family pension to next eligible member in the family in the case of missing family pensioners
- E P Funds (Amendment) Scheme, 2011 - Reg- Amendment in para 60 and 72(6),
- Provident Fund Office to end the Inspector rule
- Voluntary Provident Fund
- EPFO started SMS Service
- PF Interest Rate 8.25% for the year 2011-2012 and EPFO Circular
- EPFO Circular on Splitting of Minimum Wages which was ordered as not permissible earlier has been kept in abeyance
- After three years of inactivity, the PF balance will stop earning interest
- SC Allows Clubbing of Two Establishments as One for the Purposes of the PF
- Splitting of Minimum Wages for the purpose of PF contribution not permissible
- EPFO has launched an ‘Employer e-Sewa' Portal
- Schemes::
- EMPLOYEE PENSION SCHEME WRITE-UP
- PF - CLASSES OF INDUSTRIES
- DOCUMENTS REQUIRED FOR COVERAGE
- PF - EMPLOYEE
- PF - Types of Exemption
- PF Nomination
- IMPORTANT INSTRUCTIONS FOR FILLING THE CLAIM FORMS
- COMMON MISTAKES IN FILLING THE PF APPLICATIONS/FORMS
- PF - Benefits
- ELIGIBILITY TO MEMBERSHIP
- EXPERTS VIEWS
- RECENT CASE LAWS ::
- BENEFITS
- ADVANCE and WITHDRAWALS
- FORMS
- FREQUENTLY ASKED QUESTIONS
- Mr. NAGPAL
- EPFO Updations
- E S I C
- ESIC Updation
- Implementation of ESI Act under ESI 2.0 in the districts in which the Act is not implemented partially implemented areas Notifications
- ESIC Mandatory Annual Preventive Health Checkup for above 40 year w.e.f 01-04-2017
- ESI Benefits Extended to Surrogate And Adopting Mothers
- IMPLEMENTATION OF AADHAR BASED AUTHENTICATION OF BENEFICIARIES UNDER ESI ACT
- The Employees’ State Insurance (Central) Amendment Rules, 2016 (Draft)
- INFORMATION ON ESIC
- GENERAL REGULATIONS ::
- CENTRAL RULES ::
- CHAPTER I - SHORT TITLE AND EXTENT and; DEFINITIONS
- CHAPTER II CORPORATION, STANDING COMMITTEE AND MEDICAL BENEFIT COUNCIL
- CHAPTER III - FINANCE AND AUDIT
- CHAPTER IV - CONTRIBUTIONS
- CHAPTER V - BENEFITS
- CHAPTER V-A : TRANSITORY PROVISIONS
- CHAPTER VI- ADJUDICATION OF DISPUTES AND CLAIMS
- CHAPTER VII- PENALTIES
- CHAPTER VIII- MISCELLANEOUS
- SCHEDULE II
- SCHEDULE III
- BENEFITS ::
- Information for employers ::
- EXPERTS VIEWS ::
- Recent Case Laws ::
- APPLICABILITY OF THE ACT
- COVERAGE OF EMPLOYEES ENGAGED THROUGH A CONTRACTOR
- COVERAGE OF ESTABLISHMENTS UNDER THE ACT
- COVERAGE OF SHOPS UNDER THE ACT
- DAMAGES INTEREST FOR LATE OR NON-DEPOSIT OF CONTRIBUTIONS
- 'EMPLOYEE' UNDER THE ACT
- EMPLOYEES’ INSURANCE COURT
- APPEAL-EMPLOYEES' INSURANCE COURT
- PROSECUTION UNDER THE ACT
- RECOVERY OF CONTRIBUTIONS
- WAGES' FOR ESI'S CONTRIBUTION
- MISCELLANEOUS
- FREQUENTLY ASKED QUESTION ::
- ESIC Updation
- OTHER ACTS::
- THE PAYMENT OF GRATUITY ACT, 1972
- THE WORKMEN’S COMPENSATION ACT, 1923
- THE PAYMENT OF BONUS ACT, 1965
- THE MINIMUM WAGES ACT, 1948
- THE PAYMENT OF WAGES ACT, 1936
- INDUSTRIAL EMPLOYMENT (S O) ACT, 1946
- THE INDUSTRIAL DISPUTES ACT, 1947
- THE TRADE UNIONS ACT, 1926
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- THE MATERNITY BENEFIT ACT, 1961
- THE CHILD LABOUR (P AND R) ACT, 1986
- LABOUR WELFARE FUND, ALL APPLICABLE STATES IN INDIA
- THE APPRENTICES (AMENDMENT) ACT, 2014 and Rules 2015
- THE MOTOR TRANSPORT WORKERS ACT, 1961
- THE WEEKLY HOLIDAYS ACT, 1942
- THE A P Holidays Act, 1974
- Central sphere ::
- A P Min Wages - A to B::
- A P Min Wages - C ::
- CASHEW PROCESSING ESTABLISHMENTS
- CEMENT CONCRETE PIPES AND CEMENT WARE MANUFACTORY
- CHEMICALS AND PHARMACEUTICALS INCLUSIVE OF PESTICIDES
- CINEMA INDUSTRY
- CLUBS AND CANTEENS
- COFFEE PLANTATIONS
- COLOUR PRINTING AND YARN DYEING
- CONSTRUCTION OR MAINTENANCE OF ROADS AND BUILDING OPERATIONS
- CONSTRUCTION OF PROJECTS INCLUDING DAMS AND MULTIPURPOSE PROJECTS
- COTTON CARPET WEAVING ESTABLISHMENTS
- COTTON GINNING AND PRESSING FACTORIES
- A P Min Wages - D to H::
- DISTILLERIES AND BREWERIES
- DOMESTIC WORKERS
- ELECTRONICS INDUSTRY
- FISHERIES AND SEA FOOD INDUSTRY
- AP GARMENT AND ALLIED MANUFACTURING INDUSTRY
- AP MW - GLASS INDUSTRY
- AP - GOLD COVERING AND GOLD COATING INDUSTRY
- AP MW - HANDLOOM WEAVING ESTABLISHMENTS
- AP MW - HANDLOOM(SILK) WEAVING ESTABLISHMENTS
- AP MW - ADDITIONAL CATEGORIES IN HANDLOOM WEAVING ESTABLISHMENTS
- AP MW - HOSPITALS, NURSING HOMES AND CLINICS
- AP MW - HOSTELS OF ALL COLLEGES AND ALL OTHER
- AP MW - HOTELS, RESTAURENTS AND EATING HOUSES
- A P Min Wages - J to M::
- AP MW - JUTE AND COIR INDUSTRY
- AP MW - KHANDASARI FACTORIES
- AP MW - LIME STONE KILNS
- AP MW - MARKETING SOCIETIES, CONSUMER CO-OPERATIVE SOCIETIES AND CO.OPERATIVE BANKS
- AP MW - MATCH AND FIRE WORKS MANUFACTURE
- AP MW - MESTA USED TWINE MILLS
- AP MW - METAL FOUNDRIES AND GENERAL ENGINEERING
- AP MW - MICA WORKS
- AP MW - MINI AND TINY CEMENT FACTORIES
- AP MW - MOTION PICTURE INDUSTRY INCLUDING PRODUCTION, DISTRIBUTION AND PUBLICITY
- A P Min Wages - P to R ::
- AP MW - PAPER AND PAPER BOARDS (INCLUDING STRAW BOARD) INCLUDING HAND MADE PAPER MANUFACTORY
- AP MW - PETROL BUNKS
- AP MW - POWERLOOM INDUSTRY
- AP MW - PRINTING PRESSES INCLUDING LITHO AND OFFSET PRINTING
- AP MW - PRIVATE MOTOR TRANSPORT
- AP MW - PROFESSIONS SUCH AS CHARTERED COST ACCOUNTANTS
- AP MW - PUBLIC MOTOR TRANSPORT
- AP MW - RICE MILLS, FLOUR MILLS AND DAL MILLS INCLUDING ROLLER FLOUR MILLS
- A P Min Wages - S::
- AP MW - SALT PANS
- AP MW - SEED PROCESSING UNITS
- AP MW - SHOPS AND COMMERCIAL ESTABLISHMENTS
- AP MW - SLATE FACTORIES
- AP MW - SOFT DRINKS AND AERATED WATER MANUFACTURING UNITS
- AP MW - ANY STEEL MILLS AND STEEL REROLLING MILLS
- AP MW - STONE BREAKING AND STONE CRUSHING OPERATIONS
- AP MW - SAFAI KARMACHARIS
- AP MW - SECURITY SERVICES
- A P Min Wages - T to W::
- AP MW - ANY TANNERIES AND LEATHER MANUFACTURING
- AP MW - TILES AND POTTERIES
- AP MW - TOBACCO (EXCLUDING BEEDI MAKING) MANUFACTORY
- AP MW - TOBACCO (INCLUDING BEEDI MAKING) MANUFACTORY
- AP MW - TODDY TAPPING INCLUDING CONVEYANCE AND SELLING
- AP MW - WOOD WORKING ESTABLISHMENTS
- AP MW - ANY WOOLEN CARPET MAKING AND SHAWL WEAVING ESTABLISHMENTS
- MONTH wise Judgments 2012 ::
- MONTH wise Judgments 2011 ::
- IMP CASE LAWS 2011 ::
- Abandonment
- Back wages
- Bonus
- Building ' Construction Workers
- Contract Labour
- Court Powers
- Daily wages
- Disciplinary
- Dismissal
- Employees Compensation Act
- Employees Provident Fund
- E.S.I.
- Equal Work - Equal Wages
- Factories Act
- Fixed Term Appointment
- Gratuity
- Industrial Disputes
- Minimum Wages
- Misconduct
- Over Time
- Payment of Wages
- Punishment
- Reinstatement
- Resignation
- Retrenchment
- IMP CASE LAWS 2010 ::
- EPF ACT ::
- ESIC ACT ::
- ESIC - APPLICABILITY OF THE ACT
- ESIC - COVERAGE OF EMPLOYEES ENGAGED THROUGH A CONTRACTOR
- ESIC - COVERAGE OF ESTABLISHMENTS UNDER THE ACT
- ESIC - COVERAGE OF SHOPS UNDER THE ACT
- ESIC - DAMAGES INTEREST FOR LATE OR NON-DEPOSIT OF CONTRIBUTIONS
- ESIC - 'EMPLOYEE' UNDER THE ACT
- ESIC - EMPLOYEES’ INSURANCE COURT
- ESIC - APPEAL-EMPLOYEES' INSURANCE COURT
- ESIC - PROSECUTION UNDER THE ACT
- ESIC - RECOVERY OF CONTRIBUTIONS
- ESIC - WAGES' FOR ESI'S CONTRIBUTION
- ESIC - MISCELLANEOUS
- GRATUITY ACT ::
- EMPLOYEES COMPENSATIONS ACT ::
- E. Com - ACCIDENT SCOPE
- E. Com - APPEAL
- E. Com - INTEREST ON COMPENSATION
- E. Com - POWERS OF COMPENSATION COMMISSIONER
- E. Com - PENALTY
- E. Com - NOTICE OF ACCIDENT
- E. Com - DETERMINATION OF COMPENSATION
- E. Com - LIABILITY OF PRINCIPAL EMPLOYER TO PAY COMPENSATION
- E. Com - DEPENDENTS ENTITLED TO CLAIM COMPENSATION
- E. Com - LIABILITY OF AN EMPLOYER TO PAY COMPENSATION ' MISC.
- MINIMUM WAGES - CASE LAWS
- STANDING ORDERS ACT
- THE CONTRACT LABOUR ACT 1970
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