1000 TIT BITS ON DISCIPLINE -211
Venue of Inquiry
828. The guiding principle for fixing the place of inquiry is convenience of the parties. Normally, the inquiry is to be held at the place where the charged employee was employed when the misconduct was allegedly committed. The reason is that the oral and documentary evidence is most conveniently available there. But this is not a hard and fast rule and the inquiring authority may fix some other venue of inquiry if good reasons exist. Sometimes, it may become necessary to hold inquiry at some other place for administrative reasons, e.g., if disturbance is apprehended. It goes without saying that in all such cases the inquiring authority should ensure that the venue of inquiry is fixed for cogent reasons and the defence of the charged employee is not prejudiced thereby [Bhibuti Bhushan Pal v. State of West Bengal, AIR 1967 Cal. 29]. In one case, the C.A.T. set aside the order of penalty, inter alia, on the ground that the venue of inquiry was shifted without proper reason resulting in denial of reasonable opportunity to the applicant (K. Venkataraman v. Union of India, (1988)6 ATC 176].
Date and Time of Inquiry
829. Normally, inquiry proceedings should be held during the normal working hours on the working days. A departure may be made in very exceptional cases only.
Notice of the Date, Time and Venue of Inquiry
830. The charged employee must be given a reasonable notice of the holding of inquiry. The absence of such a notice has been held to be violation of the pri ples of reasonable opportunity (Associated Cement Co. v. Workmen, 1963-II LLJ (SC) 336]. A standard form for the issue of notice of preliminary hearing is given in Appdx. I.
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