11 January 2013
A departmental inquiry is instituted against a person for negligence of duties and manipulates the govt policies. The accused person whom inquiry is instituted, they said to inquiry officer that firstly show me etc etc letters then I will go for proper inquiry. The inquiry officer writes letter to the HOD that please give me these etc etc letter. Can the burden of the letters which the accused person demands show itself??? Is there any provision in the law that accused person itself show and defend itself for inquiry ??? Who has onus to prove ??? Please guide.
11 January 2013
Not to go by the evidence Act, as is not applicable in departmental inquiries, even in common parlance, burden of proof lies on the prosecution/ disiplinary authority, who has leveled a charge. It is not the duty of the charged official to prove his innosense, but the onus lies on the prosecution to prove his charge.
So, to provide additional documents, if desired by the delinquent official for the purpose of his defence, is the responsibility of the disciplinary authority/prosecution. However, if the disciplinary authority fails to provide the same, if the suspected public servant has the copy of any such document, he can also produce the same for the purpose of his defence.
12 January 2013
The query appears to be incomplete and misconceived. Departmental inquiries in Government service is conducted according to the statutory procedure notified under the Article 309 of the procedure. The procedure, in general,involves the issue of the charge-sheet followed by inquiry. The prosecution documents are provided to the charged officer along with the charge sheet or on the first hearing (preliminary hearing, based on which he may plead not guilty or otherwise. On the same day, or within the time period as assigned, he can make written request for defence documents. the documents, which are relevant would be requisitioned by the Inquiry Officer and made available during the inquiry.
The inquiry proper would start with the case of the prosecution followed by defence, if any, of the charged officer.
Pl. furnish complete and correct details so that effective replies could be furnished.