WHAT ARE THE RESPONSIBILITIES ON THE PART OF THE IC MEMBERS DURING PROCESS OF ENQURY, FINDS THAT THE COMPLIANANT UNABLE TO STAND THE CROSS EXAMINATION OR EMOTIONALLY DISTURBED?
It is the responsibility of the IC Members to understand the status of the aggrieved women and even during cross examination, the IC members can collect the list of questions by the respondent & elicit answers separately and record the same. IC Members need to balance the emotions & reactions by both the parties.
An Enquiry under this Act by IC is not a preliminary one, but a full-fledged enquiry of fact finding.
IC has to conduct the enquiry for proving the misconduct in terms of service rules or standing orders thereof a domestic enquiry.
IC has to fully comply with principles of natural justice.
When aggrieved /complainant is feasible not able to face any cross-examination, the committee can adopt such other measure that statements of witnesses / complainant are contradicted or corrected by the delinquent in other manner, either by providing statement to the delinquent or soliciting his objections to such statements.
Enquiry conducted by IC would be final unless varied in appeal.
Finding of IC cannot be varied by the employer by taking action in terms of section 13 of the Act.
Sibu Vs Air India.2016 LLR 732.Ker.HC