Departmental proceedings
S.B.adil rahman
(Querist) 09 January 2011
This query is : Resolved
The charged officer has not been allowed to take the assistance of a advocate as a defence assistant in the disciplinary proceeding. But for the last consecutive two dates the charged officer is noticing the presence of the departmental legal officer during the course of proceeding sitting by the side of the Inquiring authority. On his nod the Inquiring Authority is allowing the charged officer to put question to place his answer on record. I believe that by not allowing the charged officer from taking the assistance of a lawyer to act as a defence assistant and by taking the help of the law officer of the Department by the Inquiring Authority is in violation to the principles of natural Justice. On protests and the Inquiring Authority is demanding the ruling of any court of law which prohibits him from allowing a lawyer in his chamber during the proceeding and consulting him. May request the honourable members of this forum to kindly enlighten me as to how the situation has to be combated? I will be much obliged if any one provides me the reference of any ruling which will forbid the Inquiring Authority to allow the law officer of the Department during the proceeding.
Advocate. Arunagiri
(Expert) 09 January 2011
Only if the enquiry is conducted by the lawyer, the charged officer is having the right of taking the assistance of an advocate.
IN this this the enquiry officer was sitting or even assisted the enquiry officer. So, the charged officer can not seek advocates help during the proceedings.
malipeddi jaggarao
(Expert) 10 January 2011
The authority of the Inquiring Auhority is of quasi-judicial in nature. In the Departmental Enquiries accept the charged officer, his defence assistance, the Presenting Officer and the witness (either Management witness or Defence witness) and ofcourse the Inquiry Authority, no other person should be allowed. Taking the hints from Law Officer by the inquiry authority vitiates the inquiry. You make an objection and got it recorded in the inquiry proceedings daily sheet and also the suggestion of Inquiry Authority demanding the ruling of court which prohibits im from allowing a lawyer in his chamber during the proceedings.
The rule is if the Presenting Officer is a specialist law Officer/IR Officer, the charged officer will be allowed to engage an advocate as defence assistance. But if the Inquiry authority itself permits either advocate/law officer and takes hints from him, this is against the procedure for conducting the departmental enquiry and hence you are advised to get your objections recorded in the proceedings. Generally Inquiry Authorities are appointed by the managements inhouse and either they do not have sufficient knowledge in the field or they are used by managements for a directed report. You are advised to be bold enough to get your objection recorded. You may even threaten the IA that you will abandon the inquiry if this practice is not stopped.
S.B.adil rahman
(Querist) 10 January 2011
Thank you Mr.Malipeddi Jaggarao for your advice. In the instant case the Inquiring Authority/Enquiring Officer is an IPS officer and holding the enquiry proceeding against his subordinate for not signing the attendance register. Normally this is not a case where proceeding should be started but as the boss is prejudice so he wants to book the officer by any means . The IPS officer who is holding proceeding is him self a law graduate and was practicing in Haryana High Court before joining the IPS. As per rule defence assistant should have been allowed to the charged officer but it was not done.Kindly could you quote any ruling in support of the charged officer?
Ahmed Daud Girach
(Expert) 10 January 2011
Write clear objection that when inquiry officer is a law graduate and so natural justice calls for balance and so charged officer should be allowed advocate otherwise unable to attend inquiry.If inquiry oficer is prejudicial then request to change inquiry officer alleging (withproof )his prejudicial nature.
