CAN ANY EMPLOYEE /OFFICER REFUSE TO BECOME AN INQUIRING AUTHORITY BY SAYING THAT IT IS NOT MY DUTY PART OR HE IS IGNORANT OF DOMESTIC LAW

CAN ANY EMPLOYEE /OFFICER REFUSE TO BECOME AN INQUIRING AUTHORITY BY SAYING THAT IT IS NOT MY DUTY PART OR HE IS IGNORANT OF DOMESTIC LAW

FIRST QUERY FROM A DGM ,PSU BANK -----

Dear mr shukla , I am going to retire on 30th june -2022 , working in a PSU bank as DGM ,you please don’t disclose my name & bank name ,because I can be frustrated by bank mngt under rule of secrecy , which can affect my terminal benefits , dear friend I have been appointed INQUIRY OFFICER against a chief manager whose promotion as AGM is pending , I would like to put facts about him that ------

1) CSO is my good friend & I have family terms with him also

1) CSO is also been inquired in some cases which were accorded by me ,though all cases are standard but charged of some procedural lapses

Thus I don’t want to be an inquiring authority in this case but GM is insisting to put inquiry report within 2 months, in fact above mentioned condition does not say that I should inquire the matter so what are remedies in which I can politely request the GM that inquiry should be given to some other one because simply denying will be a cause of action under conduct rule

(Reced through email)

RESPONDING TO ----

Dear DGM ,sahab

First you must know what is a DOMESTIC INQUIRY ?

A domestic inquiry, in the context of human resource management, is a search for truth, facts, or circumstances concerning charges alleged by the employer against its employee. It is an inquiry set up by the management by posting inquiry officer ,presenting officer against its own employee against who allegedly committed certain acts of misconduct.

CONDUCT RULES ARE APPLIED TO EVERY SERVING STAFF ---------

Since you are a serving staff so it is equally applicable to you , & you know very much you can not disobey any instruction given by your higher authority otherwise you will fall pray under the conduct rule , so better immediately send a request letter that why you are not fit to enquire the matter by referring as under -------

WHO SHOULD BE APPOINTED AS INQUIRY OFFICER

The principles of natural justice imply “fair hearing”, “unbiased judgement” and “clear speaking order”. It, therefore, follows that the person to be appointed as Inquiry Officer”:-

(i). should not be interested in the subject matter or the inquiry in any manner;

(ii). Should not be biased;

(iii). should not be a witness in the proceedings

; (iv). should not have expressed an opinion about the merits of the case;

(v). should be sufficiently senior to the charged officer to evoke confidence of all concerned.

ABOVE TWO POINTS (i) & (ii) DISQUALIFY ME TO BECOME INQUIRING AUTHORITY IN THE REFERRED CASE --- because ------

1) CSO is my good friend & I have family terms with him also

2) CSO is also been inquired in some cases which were accorded by me ,though all cases are standard but charged of some procedural lapses

Thus clearing my position that in such case this inquiry should be given to some other officer because in later stages I can be charge of biased (pro) & interested person

SECOND QUERY FROM A SENIOR MANAGER ----

RRB –PATNA

Shukla sir

I have been asked to inquire against a scale-1 officer, sir I never involved in such inquiry process nor I know the procedure to be adopted ,I am just 42 & don’t want any controversy , I simply want to reject if I deny then what action bank can take against me

RESPONDING TO SR MANAGER RRB PATNA-----

At initial stage I already said domestic inquiry is a part of your duty so without proper reasons you can not deny to become an inquiring officer other wise you can be liable to face charges of insubordination under conduct rule ,further you can discuss with

me at mbl no -8827424443

(Reced through email )