Specimen Of Enquiry Proceedings 565 - Legal Draft
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Specimen of Enquiry Proceedings
Notes of Enquiry Held on..................................
Against.......................................................
Present
1. ...................................................
2. ...................................................
3....................................................
Date. : ........................... Time ...................
Name of the Enquiry Officer...........................................
Name of the Employee charge-sheeted................................
Name of the Managements Representative...........................
Name of the Employee's Representative..............................
01. Are you ? .................................(Name of the Employee)
02. Have you received the charge sheet ?
03. Have you understood the contents of the charge sheet ? And the statements of witness enclosed with the charge sheet.
04. Were the contents of the charge sheet explained in the language understood by you ?
05. Do you plead guilty or not guilty to the charges leveled against you? (if he pleads not guilty then proceed with the enquiry).
06. Do you want to cross-examine any of the witnesses who have already given evidence against you ? (if he wants to cross-examine then call the witnesses one by one and ask them the following questions before they are to be cross-examined).
07. Are you Mr. / Ms. so and so ?
08. Have you made any written statements in respect of this enquiry ?
09. Is this statement made by you ?
10. Do you wish to add anything to the statement ? If yes, Take down in detail his statement.
11. Do you want to delete any portion of the statement? (if he wants to delete or alter statement, he should be asked reasons for doing so, which should be carefully recorded.)
12. After this, the Charge-sheeted employee or his representative should be allowed to cross-examine the witnesses.
13. Whether witnesses should be allowed to be cross-examined.
14. After the cross-examination of all the witnesses is over the employee should first be asked whether he has any defence witnesses and if so what they would like to establish before the enquiry.
15. Thereafter, they should be given opportunity to make statements at the enquiry.
16. After the cross-examination of the defence witnesses the employee should be asked to make a statement as a result of the evidence at the enquiry.
17. Statements should be recorded almost verbatim and the employee should also be asked as to why severe disciplinary action should not be taken against him. The employee might make a statement immediately or he might ask for time to do so. A reasonable time should be given for this. The employee or his representative may give a written reply to the enquiry proceedings. This reply should form part of the enquiry papers. The employee should be told that the enquiry is over and he would be informed about the results in due course by the management.
Against.......................................................
Present
1. ...................................................
2. ...................................................
3....................................................
Date. : ........................... Time ...................
Name of the Enquiry Officer...........................................
Name of the Employee charge-sheeted................................
Name of the Managements Representative...........................
Name of the Employee's Representative..............................
01. Are you ? .................................(Name of the Employee)
02. Have you received the charge sheet ?
03. Have you understood the contents of the charge sheet ? And the statements of witness enclosed with the charge sheet.
04. Were the contents of the charge sheet explained in the language understood by you ?
05. Do you plead guilty or not guilty to the charges leveled against you? (if he pleads not guilty then proceed with the enquiry).
06. Do you want to cross-examine any of the witnesses who have already given evidence against you ? (if he wants to cross-examine then call the witnesses one by one and ask them the following questions before they are to be cross-examined).
07. Are you Mr. / Ms. so and so ?
08. Have you made any written statements in respect of this enquiry ?
09. Is this statement made by you ?
10. Do you wish to add anything to the statement ? If yes, Take down in detail his statement.
11. Do you want to delete any portion of the statement? (if he wants to delete or alter statement, he should be asked reasons for doing so, which should be carefully recorded.)
12. After this, the Charge-sheeted employee or his representative should be allowed to cross-examine the witnesses.
13. Whether witnesses should be allowed to be cross-examined.
14. After the cross-examination of all the witnesses is over the employee should first be asked whether he has any defence witnesses and if so what they would like to establish before the enquiry.
15. Thereafter, they should be given opportunity to make statements at the enquiry.
16. After the cross-examination of the defence witnesses the employee should be asked to make a statement as a result of the evidence at the enquiry.
17. Statements should be recorded almost verbatim and the employee should also be asked as to why severe disciplinary action should not be taken against him. The employee might make a statement immediately or he might ask for time to do so. A reasonable time should be given for this. The employee or his representative may give a written reply to the enquiry proceedings. This reply should form part of the enquiry papers. The employee should be told that the enquiry is over and he would be informed about the results in due course by the management.