Role of Presenting Officer in Enquiry


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Role of Presenting Officer in Enquiry

  1. 1. Role of Presenting Officer In Disciplinary Proceedings A. SURENDRANATH (Past Chairman, NIPM-Mysore Chapter) CEO & PRINCIPAL CONSULTANT NulineHR Consulting, Bengaluru Presentation By
  2. 2. About The Presenter <ul><li>Surendranath. A, is a seasoned HR Professional with 35 years of experience in HR & IR in manufacturing industries plus 2 years stint as HR Consultant. </li></ul><ul><li>M.A (Social Work) from Indore School of Social Work (1974) </li></ul><ul><li>A Certified Management Trainer by All India Management Association </li></ul><ul><li>Conducted several workshops for MNCs to their supervisors and line managers on People Skills, Coaching & Mentoring and Performance Management </li></ul>
  3. 3. <ul><li>Executed HR Projects to MNCs and the notable one was for Toyota’s Global Labor Relations Department, Japan by developing India HRM Handbook. </li></ul><ul><li>Has hands on experience in integrating HR methods into Industrial </li></ul><ul><li>Relations Management for today’s need. </li></ul><ul><li>Well experienced in dealing with Knowledge Employees in Today’s Manufacturing Industries. </li></ul><ul><li>Thorough in Employment Laws Advisory Services </li></ul>About The Presenter
  4. 4. <ul><li>Experienced in setting-up HR function for newly setup industries and re-engineer HR function for the existing industries. </li></ul><ul><li>Has passion to develop and train people in Behavioral, Management & HR skills. </li></ul><ul><li>Lectured for Refresher Courses for Teaching Staff of Universities on HR under the aegis of AICTE and UGC. </li></ul>About The Presenter
  5. 5. <ul><li>Membership In Professional Bodies: </li></ul><ul><li>Life Member- National Institute of Personnel Management (NIPM) </li></ul><ul><li>Life Member- National HRD Network (NHRDN) </li></ul><ul><li>Life Member-Indian Industrial Relations Association (IIRA) </li></ul><ul><li>Member- All India Management Association (AIMA) </li></ul><ul><li>Life Member- National Association for Professional Social Workers of India </li></ul><ul><li>Also held membership in International Industrial Relations Association, International Sociological Association & Forum for Asian Managers </li></ul>About The Presenter
  6. 6. About The Presenter <ul><li>Tyre </li></ul><ul><li>Tyre </li></ul><ul><li>Heavy Engg </li></ul><ul><li>Iron&Steel </li></ul><ul><li>Rayon Pulp </li></ul><ul><li>Automotive </li></ul><ul><li>Mineral Wool </li></ul><ul><li>Bulk Drugs </li></ul><ul><li>Sugar </li></ul><ul><li>Extrusion </li></ul><ul><li>JK Tyres, Mysore (Vikrant Tyre Plant) </li></ul><ul><li>Falcon Tyres, Mysore </li></ul><ul><li>ACC-Vickers-Babcock, Shahabad (Now Alstom) </li></ul><ul><li>BMM Ispat, Hospet </li></ul><ul><li>BILT, Kamalapuram (Then AP Rayons) </li></ul><ul><li>Mahindra-Nissan-Allwyn, Zahirabad (Now M&M) </li></ul><ul><li>Rockwool India, Digwal </li></ul><ul><li>Sumitra Pharma, Digwal (Now Piramal Pharma) </li></ul><ul><li>Nizam Sugars, Madhunagar </li></ul><ul><li>Sangam Alluminium, Hosur </li></ul>Organizations Worked Industry Type
  7. 7. Content Of The Presentation <ul><ul><ul><li>Role Of Presenting Officer </li></ul></ul></ul><ul><ul><ul><li>Duties Of Presenting Officer </li></ul></ul></ul><ul><ul><ul><li>Art of Cross-Examination </li></ul></ul></ul><ul><ul><ul><li>Effectiveness of HR Professionals in Guiding the Line Managers </li></ul></ul></ul>
  8. 8. Introduction <ul><li>Departmental inquiries cannot be equated with proceedings before the courts of law. </li></ul><ul><li>The Enquiry Officer is not a judge and the Presenting Officer is not a public prosecutor. </li></ul><ul><li>Domestic Enquiries are basically fact-finding exercises. </li></ul><ul><li>Proper role for the Presenting Officer is to present the case of the Management in its correct perspective to the best of his ability. </li></ul>
  9. 9. <ul><li>Must know the of process and requisites of a Domestic Enquiry </li></ul><ul><li>Well acquainted with basic principles of 'Quasi-judicial approach' to be adopted in a departmental inquiry </li></ul><ul><li>Should not do anything to vitiate the primary obligation of the management in holding a fair enquiry </li></ul>Knowledge Needed for Presenting Officer
  10. 10. Knowledge Needed for Presenting Officer <ul><li>Must be able to logically and chronologically present the evidence on record in support of the allegations and to examine and cross-examine witnesses. </li></ul><ul><li>Must have an intrinsic understanding of the core issues with reference to the disciplinary case. </li></ul><ul><li>Must be well versed with the provisions of Certified Standing Orders </li></ul>
  11. 11. Understanding The Role Of Presenting Officer <ul><li>Presenting Officer is appointed by the Disciplinary authority to “present the case in support of the charge s” </li></ul><ul><li>Usually, an Executive of the organization will be the Presenting Officer. </li></ul><ul><li>Presenting Officer has to necessarily and honestly fulfill this time-consuming and expensive obligation as a compulsory formality. </li></ul>
  12. 12. Understanding The Role Of Presenting Officer <ul><li>Presenting Officer has to prove the charges by establishing the truth through a definitely structured process and not otherwise . </li></ul><ul><li>The Presenting Officer at the outset should know the basic and philosophy underlying a departmental inquiry. </li></ul>
  13. 13. Understanding The Role Of Presenting Officer <ul><li>Presenting Officer has to abide to the administrative order in respect of the administrative part of his duties, i.e. preparatory duties for collection of relevant material in support of the charges. </li></ul>
  14. 14. <ul><li>Presenting Officer has to interact with the officer, who overview the disciplinary case and recommended the charge sheet. He has to interact with this level with reference to collection of the material and other information relating to the background of the charge sheet and building the case dairy of the disciplinary case. </li></ul>Understanding The Role Of Presenting Officer
  15. 15. Understanding The Role Of Presenting Officer <ul><li>But once the enquiry starts the functions of the Presenting Officer is set into motion. </li></ul><ul><li>Strict conforming to his role as Presenting Officer is his responsibility and any administrative orders he can accept only, if that does not conflict with his role as a Presenting Officer. </li></ul>
  16. 16. <ul><li>But once the enquiry starts the functions of the Presenting Officer is set into motion. </li></ul><ul><li>Strict conforming to his role as Presenting Officer is his responsibility and any administrative orders he can accept only if, that does not conflict with his role as a Presenting Officer. </li></ul>Understanding The Role Of Presenting Officer
  17. 17. Duties of Presenting Officer <ul><li>To present the evidence in support of the of charges in order to establish the truth. </li></ul><ul><li>The enquiry should not result in the charged employee getting exonerated due to the failure of the Presenting Officer </li></ul><ul><li>To effectively present available evidences on record or to prevent the charged employee from misleading evidence and confusing issues. </li></ul>
  18. 18. <ul><li>Case preparation (preparation of the case dairy) on receipt of appointment order as Presenting Officer from the disciplinary authority. </li></ul><ul><li>To submit list of witnesses and produce listed documents if any in support of charges in the beginning of the regular hearing to the Enquiry Officer. </li></ul>Duties of Presenting Officer
  19. 19. Duties of Presenting Officer <ul><li>Supply copies of documents in support of the charges and allow inspection of the originals to the charged employee when so directed by the Enquiry Officer. </li></ul><ul><li>Lead, in a logical manner, the oral evidence before the Enquiry Officer in support of the charges. </li></ul>
  20. 20. <ul><li>Ask for cross examination of witnesses in support of charges when turn hostile. </li></ul><ul><li>Cross-examine effectively the witnesses in support of defense. </li></ul>Duties of Presenting Officer
  21. 21. Duties of Presenting Officer <ul><li>To make timely request to the Enquiry Officer for production of some new or additional evidence not submitted at the beginning of the enquiry proceedings, where necessary. The right stage for making such a request is after he has examined all the witnesses and before the defense case begins. </li></ul>
  22. 22. Ten Commandments of Cross-Examination <ul><li>The First Commandment: Thou Shalt Prepare </li></ul><ul><li>Second Commandment: Thou Shalt Know Thy Objective </li></ul><ul><li>The Third Commandment: Thou Shalt Take Baby Steps </li></ul><ul><li>The Fourth Commandment: Thou Shalt Lead the Witness (Usually) </li></ul><ul><li>The Fifth Commandment: Thou Shalt Know Thy Style and Adapt It to the Occasion </li></ul>
  23. 23. <ul><li>The Sixth Commandment: Thou Shalt Know When to Quit </li></ul><ul><li>The Seventh Commandment: Thou Shalt Know What to Take to the Podium </li></ul><ul><li>The Eighth Commandment: Thou Shalt Know Thy Audience </li></ul><ul><li>The Ninth Commandment: Thou Shalt Know the Rules of Evidence </li></ul><ul><li>The Tenth Commandment: Thou Shalt Know Thy Enquiry Officer </li></ul>Ten Commandments of Cross-Examination
  24. 24. Effectiveness of HR Professionals in Guiding the Line Managers <ul><li>Must be thorough with the laws connected to disciplinary action in industry </li></ul><ul><li>Must know the process of disciplinary action </li></ul><ul><li>Good Interpersonal Relations with the line managers </li></ul><ul><li>Quick response to the call of line managers </li></ul><ul><li>Explaining and coaching the line managers on disciplinary aspects </li></ul>
  25. 25. Those who desire to have this presentation may send e-mail to: [email_address] <ul><li>Employment Law Advisory Services </li></ul><ul><li>Soft Skills Training for Line Managers </li></ul><ul><li>HR Facilitation, PMS & OD </li></ul><ul><li>Setting-up HR Function for Newly Setup Industries </li></ul><ul><li>HR Audits </li></ul><ul><li>Developing HR Systems & Policy Formulation </li></ul>NulineHR Consulting #5, Anjanadri Plaza Girinagar Circle BANGALORE-560085
  26. 26. THANK YOU