Departmental Inquiry under CCS (CCA)Rules 1965

Querist : Anonymous (Querist) 26 September 2010 This query is : Resolved
Can the Inquiry Officer who is about 71 years old, a retired High Court Judge, continue to hold the Inquiry at his private Law Office albeit the Law Office of his son on the ground floor of his residence when the charged officer makes continuously the request that the Inquiry proceedings be kindly conducted in the office premises of the Charged officer in accordance with the Central Vigilance Commission and DOP&T instructions?

The Charged Officer does not participate in Inquiry at the residence cum private Law Office and the Inquiry Officer holds the Inquiry ex parte on the day of the sickness of the charged officer about which he is informed.

The Inquiry officer closes the Presenting Officer's evidence admitting predated Affidavits of the witnesses who are before him on the same day in half an hour.

Can the charged officer have any defense in the matter of Inquiry at residence and ex parte held on the day of his sickness? Any Case Laws please?

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Querist : Anonymous (Querist) 26 September 2010
The Department of Personnel and Training (DOP&T) had in a Memorandum dated 15May 1987 clearly written that the Inquiry proceedings can only be conducted at the office premises of the accused officer(I forget the exact reference of the Memo)

A private Law office is a commercial not part of the Public Office.

let others in the field answer your query

s.subramanian (Expert) 26 September 2010
The place of enquiry can be fixed by the Inquiry officer as per his discretion and convenience. If the charged officer has any real and reasonable dificulties in this regard,it is open to him to submit the same to the Inquiry Officer. If there is scope for any bias created by this,it can also be submitted in a proper manner in writing to the Inquiry Officer. All these will help the Charged Officer in future,if his valid and sound objections are not considered in proper light and perspective by the Inquiry Officer.Even now the Charged Oficer can appear before the Inquiry Officer and submit his petition to reopen the enquiry and grant leave for the cross examination of the witnesses. The Inquiry Officer is not bound by the provisions of the Evidence Act at all. But he has to folow the principles of natural justice without fail. My sincere advice will be to participate in the inquiry and raise all your objections in it without keeping away from it. It will do a lot of good. You can also press your objections regarding the place of inquiry in such cross examination and later on when you get your chance to submit your arguments in writing.

Kirti Kar Tripathi (Expert) 26 September 2010
I fully agree with Mr. subramanian

R.Ranganathan (Expert) 26 September 2010
I agree with Mr. S.Subramanian. But if at all, there is any Memorandum then the IO is bound by the rules and regulations laid down by the Departments. So you have a good case for appeal to conduct the enquiry as per the rules. Also as stated by Mr. S.Subramanian you can set aside the exparte order and ask for reopening the matter for cross examination based on your medical certificate.

Chanchal Nag Chowdhury (Expert) 27 September 2010
The Charged Officer should challenge the whole process before the HC or CAT, as the case may be, preferably before any finding is given by the Enquiry Officer.

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