POWERS AND FUNCTIONS OF THE COMMITTEE

THE COMMITTEE AS A QUASI-JUDICIAL BODY

The Internal Committee is not a mere Human Resources department; the law gives it the status of a "quasi-judicial" body.

This means that it possesses powers and procedures similar to those of a civil court of law.

Its function is to determine facts objectively and reach legal conclusions that bind the employer.

In presiding over an inquiry, members act as examining magistrates, not corporate mediators.

If King Solomon were chairing this committee, he would not be there to give sage advice or amicably "settle things" (unless it is a requested settlement). He would be there to judge the evidence under oath.

The gravity of this role means that members can be sanctioned if they do not follow due process.

Their findings carry legal weight and can be the basis for proper dismissals that are upheld before higher labor courts.

ABILITY TO SUBPOENA WITNESSES AND REQUEST DOCUMENTS

To fulfill its investigative function, the committee is vested with the same powers as a Civil Court under the Code of Civil Procedure (specifically referring to the Indian legal framework as a document reference, but applicable as a rigorous investigative standard).

This includes the power to subpoena any person to testify under oath and to require the production of documents or electronic records.

The committee can order the production of CCTV recordings, emails, sign-in and sign-out logs, or any other tangible evidence. Imagine investigating an incident in the halls of the Roman Senate.

The committee would have the authority to subpoena Mark Antony to testify compellingly about what he saw.

If Mark Antony refused, the committee could draw adverse inferences or escalate the lack of cooperation as misconduct.

Likewise, if required to review papyri (emails) sent by Julius Caesar, the committee has the legal power to demand their "discovery" and immediate production for forensic analysis.

LIMITS OF AUTHORITY AND COLLABORATION WITH THE ORDINARY JUDICIARY

Although the committee has broad investigative powers, their ultimate authority is recommendatory and administrative, not criminal.

They cannot send someone to jail, but they can recommend career-ending sanctions.

Courts of law generally do not interfere with the committee's findings or the severity of the sanction, unless it is "shockingly disproportionate" to the wrongdoing or due process has been violated.

If the committee finds Robespierre guilty of mild verbal harassment, it would be unreasonable to recommend his professional "execution" (immediate dismissal) if internal policy suggests a warning for a first offense.

However, if the misconduct is serious, the employer must implement the committee's recommendation.

If the case involves a criminal offense (such as physical sexual assault), the committee has a duty to assist the victim to take the case simultaneously to the police or criminal courts, if he or she wishes, since domestic jurisdiction is not a substitute for criminal law.

Summary

The Committee is not a mere human resources department, but a recognized quasi-judicial body. Its members act as investigating judges to determine facts and issue binding legal conclusions.

They have the civil power to subpoena any person to testify compulsorily under oath. They may also require the immediate production of relevant documents, electronic records and tangible evidence for analysis.

Their final authority is administrative, recommending employment sanctions but without direct criminal power. In cases of serious physical crimes, they must facilitate the victim's simultaneous access to the police or criminal courts.