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Can advocate become an Enquiry officer in Dept Enquiry
07-Oct-2023 (In Labour & Service Law)
Can a legal background person or advocate become an enquiry officer in departmental enquiry
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.
Any person who satisfies this criteria can become an IO
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.
Any person who satisfies this criteria can become an IO
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Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Dear Querist, there is no bar on a person qualified to practice law to act as an enquiry officer in a departmental enquiry. Please feel free to get in touch if you require any further clarifications. Best Regards, Dhruv Banerji.
Helpful?
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