DOCUMENTS AND MATERIAL OBJECTS AS EVIDENCE IN DOMESTIC ENQUIRY
DOCUMENTS AND MATERIAL OBJECTS AS EVIDENCE IN DOMESTIC ENQUIRY (Production, Identification and Marking of documents and objects)
Dr. G P Naik, Enquiry Officer. Ph. 9243470110.??Email?[email protected]
?The allegations of misconduct can be proved or disproved based on the production of relevant documents (like letters, vouchers, emails etc), and material objects (like video of the incident, or the cash or material stolen or any other objects like a bag, or a knife or a key used in committing the alleged misconduct). Both the parties can submit the documents or material objects during the enquiry to prove their point. Moreover, the relevant documents and objects can substantiate the deposition given by a witness in the enquiry.???
Example: In a case of unauthorised absence of an employee, the management may produce the attendance register to prove that employee was absenting from duty unauthorized. Employee may produce his salary slips to prove that he was on sanctioned leave and not on unauthorised absence and hence he has received full salary for the impugned period.
RULES FOR PRODUCTION OF DOCUMENTS OR MATERIAL OBJECTS
1) As far as possible produce the original documents and objects, unless there is a cogent reason to produce certified copies. For example the original documents are already produced in a court of law.
2) If the documents are not originals, the copies shall be notarised, or self attested by the parties who submit them or the witness who identify them.
3) They have to be produced in three sets- one for the enquiry officer (EO), second copy is for the opposite party and the third copy is for the party submitting them for his record.
4) The E O and the opposite parties should acknowledge having received the documents or objects.
5) Originals have to be produced for inspection during the enquiry if the opposite party insists or suspects the authenticity of photo copies. Originals can be returned back after the inspection.
6) If a particular document is with a statutory authority (say a Court of Law or Police Station) and it cannot be produced in the domestic enquiry, a copy attested by the said court of law or police station may be submitted.
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7) If a material object cannot be copied, (say stolen cash or other objects say a knife) it cannot be given to the opposite party. But the said object has to be produced to the enquiry which can be inspected by the parties during the enquiry.
8) If the object in question is peculiar in character or big enough which cannot be carried or produced in the enquiry its photo may be submitted.
9) Any document or object has to be identified by at least one witness during the enquiry. Identification means the witness admits that he knows about that document or that object.
10) Documents or objects identified by the witness will have to be marked by the E O. Marking means, the E O will give unique serial numbers to them, sign on them with date and record them in the proceedings of the enquiry. For example say, the two documents submitted by the management will be marked as Ex. M-1(Exhibit No.1 from Management side) and Ex. M-2. The documents from worker side may be marked as Ex. W-1 or Ex. D-1 (Exhibit from worker or Exhibit from defence side). Objects are marked as O.M-1, O.M-2.... (Object from management) or O.D-1, O.D-2... (Object from defence). Generally marking is done at top right corner of the identified document.
11) Opposite party has the right to cross-examine the witness regarding the documents or objects identified by him.
12) Documents or objects have to be submitted, identified and marked during the enquiry in the presence of disputing parties.
13) If the document/ object needed by one party (say worker) for production in the enquiry, is in the custody of opposite party (say the management) the worker may make a request through the enquiry officer for providing the same and enquiry officer shall pass appropriate orders based on merits.
14) Opposite party will have the right to oppose the admission of any document or object for submission, identification or marking. The E O shall hear both the parties before deciding on such opposition.
15) The documents and objects shall remain in the custody of the E O after they are submitted in the enquiry.
16) Parties having the right to submit the documents or objects will also have the right to withdraw them by making request to the E O.
Dr. G P Naik, is a leading enquiry officer who conducts domestic enquiries against charge sheeted employees in various industries. Ph. 9243470110.??Email?[email protected]