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Harish Kumar sahu (Assistant Signal And Telecom officer)     17 November 2023

Mandatory question during departmental inquiry

Dear Sirs/Madams, 

Kindly guide me on whether the question asked by the inquiry officer that "Do you want to say anything about the case?" fulfills the requirement of the mandatory question during the departmental inquiry. This quetion doesn't address any specific circumstances appearing against the charged officer. In my opinion it is not qualifying as the mandatory question under the rule.



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     18 November 2023

It cannot be considered as a mandatory question.

It is part of the proceedings and the inquiry oficer should ascertain and record the statements of the delinquent officer in order to establish that the charged officer was given an opportunity to be heard.

1 Like

Harish Kumar sahu (Assistant Signal And Telecom officer)     19 November 2023

Thanks a lot, sir, for your kind response.

The mandatory question is related to asking the deliquent official about the specific circumstances appearing against him before concluding the hearing. The general question, like  "Do you want to say anything about the case?" doesn't reflect anything specific appearing against the deliquent. How can the deliquent guess, in the eyes of the inquiry officer, what specific circumstances are appearing against the deliquent?

 

Hence, the inquiry proceeding is vitiated as per my understanding.

Am i correct? Kindly guide in the matter..

Read more at: https://www.lawyersclubindia.com/forum/mandatory-question-during-departmental-inquiry-231797.asp#reply

T. Kalaiselvan, Advocate (Advocate)     19 November 2023

The departmental inquiry is a formal proceedings to find the facts and report to the competent authority about the facts that have been ascertained through the inquiry proceedings after the inquiry committee had inquired into the circumstances and facts by making discreet inquiries through the proceedings.

Now the delinquent officer can answer the questions shot against him by the inquiry officer  using his prudence.

It is a matter of admitting or denying the allegations levelled against the delinquent officer in the departmental inquiry proceedings


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