departmental proceedings

Ziaur Rahman (Querist) 13 February 2009 This query is : Resolved
In West Bengal Police and Kolkata Police, in departmental proceedings the disciplinary authority appoints the Enquiry Officer to hold enquiry proceedings against the charged officer. The enquiring officer while holding the proceeding also acts as the prosecuting officer on behalf of the disciplinary authority.No separate Presenting Officer is appointed by the disciplinary authority to represent the case on behalf of the Department though defence assistant is permitted by him in favour of the charged officer. On his findings in enquiry report the disciplinary authority imposes the penalties exonerates the charged officer. My query is that whether an enquiring officer appointed by the disciplinary authority can act as a prosecuting officer also? Is it lawful for disciplinary authority to entrust the enquiry authority to act on behalf of him in holding the enquiry? Is it not the violation of principles of natural justice and an act of departmental bias that the enquiring officer holding the Quasi judicial power should act on behalf of the prosecution also? What the law says? Kindly enlighten me with the relevant rulings of apex court or any other court which is guideline on such issues. What is the legal status of such enquiries imposing the penalties on the charged officer? Kindly respond.

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ARVIND JAIN (Expert) 14 February 2009
ORDONARRILY THEY MUST BE SEPARATE.FIND OUT LAW ON SC WEB SITE.

Ziaur Rahman (Querist) 14 February 2009
What is the reference of the law or rulings in support of your contention? Please enlighten.

H. S. Thukral (Expert) 14 February 2009
The disciplinary authority can delgate the function to any other officer to conduct the inquiry as same being an administrative function.
Regarding the management representative and inquiry officer being same person, there is real apprehension of bias and also the inquiry officer being the management representative has prior knowledge of the events, the inquiry shall be defective as devoid of natural justice. For case laws look in real apprehensions of bias.

Hiralal Das (Expert) 14 February 2009
Sir, I think,if you not disclose the problems clearly you will never get your answers satisfactorily.

Ziaur Rahman (Querist) 14 February 2009
this is the procedure in all cases of departmental enquiries in west bengal and Kolkata. I want to know whether the enquiry officer can also perform the duty of presenting officer.Infact it is the EO who acts as PO also. I want to be enlightened with reference to the specific rulings of Apex court.

Murali Krishna (Expert) 16 February 2009
Enquiry officer can double as a presenting officer. There is no irregularity. The principle that a prosecutor cannot be a judge, is not strictly applicable to departmental enquiries. The only condition is that he must act with the detachment of a judge. Hence, where the rules so provide, disciplinary authority can act as inquiring authority himself [Province of Bombay Vs. Kushaldas; AIR 1950 SC 222].

If you apprehend any bias (Real bias), you can represent disciplinary authority for change of the enquiry officer.