DEPARTMENTAL INQUIRIES

For the people in service Sector the biggest hurdle is to find a correct consultation and a right person who can defend them in the departmental proceedings. We, at Indian Legal System had taken care of this special need.

The Requirement of Defence Representative

During a Departmental Inquiry the Defence Representative is to take up your case before the Internal Complaint Committee or the Fact-Finding Authority.

A Defence Representative is a person who defends his fellow employees against any unjust disciplinary action and ensures that justice is rendered. While the employer has all the legal and technical resources on his side, the employee can successfully defend his case only through a well-trained Defence Representative.

In this context, defence representative needs to be well versed in the steps and process involved in the disciplinary proceedings. He should have the knowledge of what exactly constitutes indiscipline, the right of the charge sheeted employee and the conditions to be fulfilled by the employer before proceeding on the course of the domestic enquiry and therefore, a sound knowledge of the procedure of disciplinary proceedings will help the defence representative to defend the case with confidence.

Principles of Natural Justice

The principles of natural justice are considered to be more important to ensure justice to the workman whose conduct is being enquired into. Hence, it is essential to understand its scope and extent and implications for purpose of domestic enquiry.

The principles of natural justice are not recognized as fundamental rights under the Constitution of India. Since the term ‘Natural Justice’ is vague, it implies a number of other requirements, observance of which is essential if one has to comply with the principles of Natural Justice. Moreover, Natural Justice in favour or against depends or varies from case to case.

Defence Counsel

In some case the departments choose to present their case through an advocate. In that condition, the member of the service is also entitled for an advocate to represent his defence in the Inquiry. The Defence Counsel are well versed in the laws of procedure and evidence. The technical aspect of the Defence Counsel is supposed to be stronger than that of the Defence Representative.

Team of Indian Legal System

The Indian Legal System has a strong team with Dr. PS Malik who had been a Govt. Officer of the rank of Addl. District Judge and has also been an advocate. He has a strong team in this category who can work as Defence Representative and also as Defence Counsel, if needed.