Departmental Inquiry under CCS (CCA)Rules 1965

Querist : Anonymous (Querist) 26 October 2010 This query is : Resolved
Please inform as to whether the the Inquiry Officer appointed by the Honorary Chairman who does not hold any executive, administrative or legal powers , send along with the first notice to the charged officer
the copies of Memorandum of article of charges, statement of imputations of misconduct and/ or mis misbehaviour,list of documentsand list of witnesses and ask the charged officer to file Statement of Defence.
To the best of knowledge the written statement of defence is filed only before the Disciplinary Authority and not before the Inquiry Officer. Please clarify.

Can the charge sheet signed by a person holding the additional charge of a post and having no statutory powers of the post be considered as valid ?

Can the pre dated Affidavits of the departmental witnesses who did not have first hand knowledge of the evidence nor were suitably qualified to depose be taken as conclusive pieces of evidence on which the Inquiry officer would make all his findings in an ex parte Inquiry?

Can the Inquiry Officer in his ex parte Report write phrases like "it appears from the affidavits" ,and can he give his personal opinions like " It is no public duty to make unfounded , unsubstantiated and scandalous allegations against a body and to start thinking with legs when asked to stand up and face the charges" .. "Institutions are not run with such acts of subversion, inactivity or callousness"

Further can the Inquiry Officer become personal and start putting his own defence against a charged officer who does not participate in the Inquiry alleging bias of the Disciplinary Authority and that of the Inquiry Officer.

Kindly reply quoting case laws , if any.

roshni.justin@yahoo.com

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