OMISSION IN INQUIRY AGAINST AN EMPLOYEE TO BE RELOOKED BY SAME INQUIRY OFFICER: COURT

If the inquiry officer finds no evidence against charges made against an employee and thus exonerates him, the employer cannot appoint another inquiry officer on the ground that the first officer was remiss in his discharge of his duty as an inquiry officer, held the Gauhati High Court.

The High Court in Boa Penji vs State Bank of India reiterated this golden rule laid down by the Apex Court in a catena of cases.

The anxiety of the courts is to guard against the likely prejudice to the employee on dock given the fact that the new inquiry officer might seek to curry favour with his employer by proving the first officer wrong.

The employer, however, can ask the same inquiry officer to go into issues that had escaped his attention while exonerating.

SOURCE: http://www.thehindubusinessline.com/industry-and-economy/banking/article3223495.ece