Page 7 - Conduct Rules for Employees

HR MANUAL
CHAPTER 6 CONDUCT RULES FOR ALL EMPLOYEES
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4. Enquiry Officer / Committee :-
a. The Appointing Authority shall appoint an Enquiry Officer or a Committee as may be
considered expedient. Any person may be appointed as an Enquiry Officer.

b. Legal principles namely ‘No man can be a judge in his own cause’; ‘No one should be
condemned unheard’; ‘One who hears must decide’, shall be followed in conduct of enquiries
and imposing of punishments.

c. The role of Enquiry Officer is not that of a Judge like in a court of law. He has to merely state
whether the charges against the employee are proved or not, as in a fact-finding mission.
5. Presenting Officer :-

a. The Assistant Director – HR or such other person as may be authorized for this purpose may be
the Presenting Officer. He can produce witnesses and documents on behalf of the Institute,
during the enquiry. Where the Presenting Officer is qualified in Law, the employee proceeded

against shall be afforded with opportunity to engage assistance of a Lawyer.
6. Evidence :-
a. It involves

‐ examining the Management Witnesses;
‐ the cross-examination of Management Witnesses, by the employee proceeded against
and

‐ examination of the Witnesses by the employee proceeded against, including himself;
‐ their cross-examination by the Presenting Officer.
b. The Presenting Officer shall furnish to the delinquent, a list of documents and witnesses he

wishes to rely on before commencement of the Enquiry. Additional lists may be furnished as
and when necessary.
c. Therefore, the Presenting Officer shall examine his witnesses at the first instance. The employee
proceeded against shall be afforded with opportunity to cross-examine the witness.

d. Strict and sophisticated rules of evidence under the Indian Evidence Act shall not apply to these
proceedings. All materials, which are logically probative for a prudent mind, are permissible.

But basic principles of Evidence Law shall not be flouted. The Witnesses shall be examined by
the Presenting Officer in the presence of the employee proceeded against.
e. Copies of statements recorded during the enquiry should be furnished to the delinquent.
f. Any conclusion reached by the Enquiry Officer / Committee must be based on acceptable

material placed before him.

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