Departmental inquiry
mala
(Querist) 21 April 2012
This query is : Resolved
SIR
Can u please cite some apex court rulings and High court rulines on WHETHER THE PRESENTING OFFICER AFTER CROSS EXAMINATION AND CHIEF EXAMINATION OF DELIQUENT EMPLOYEES CALL FOR FRESH AND NEW WITNESSES
PEASE QUOTE THE JUDGEMENT DETAILS OR SOME DETAILS OF THE SAID JUDGEMENTS
Guest
(Expert) 21 April 2012
Repeated query. Half facts can lead you nowhere. I have not been able to lay hand on your clarification, which I sought on your previously posted query. Besides my earlier query on your previous question, can you please intimate under which rule the chief examination and cross-examination of the delinquent employees were made and by whom in a departmental inquiry?
If you are an Inquiry Officer or a P.O., you seem to be following a wrong procedure in the departmental inquiry.
So, before some one cites some apex court ruling, you need to review your own process of inquiry. Moreover, Rules for departmental inquiries are very clear to provide information at what stage the P.O. can introduce any new witness and why, which do not need any apex court ruling even. You need to re-read the rules. Moreover, posting your query in wrong category may not help you to any extent, as departmental inquiry has nothing to do with criminal law, in which category you have posted your question. So, you seem to be wrongly mixing up a departmental inquiry cases to dealt within the Government department, as a quasi-judicial inquiry, and cases of criminal cases being tried in a court of law.
However, if you are one of the delinquent employees (which I do not think so), you need to come forward with a clear problem you are actually facing during the proceedings of the departmental inquiry.
ajay sethi
(Expert) 21 April 2012
repeated query no reply
Shonee Kapoor
(Expert) 21 April 2012
Repeated for sure.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ahmed Daud Girach
(Expert) 22 April 2012
Inquiry Officer is given jurisdiction by officer who has issued chargesheet.Generally a list of deparment's witnesses is appended to the chargesheet and after the list it is written "Inquiry Officer Can call for further witnesses.".Usually IO will not call for further witnesses as in that case he will be come charging officer and involving himself in the matter of evidence.So in the rarest of the rare cases such eventuality arises.Now coming to your question that after completion of exam and cross exam of delinquent whether new witness can be introduced? Yes if IO permits with full justification which must be defended by delinquent .So if you are Inquiry Officer refrain from giving permission of new witness as your jurisdiction is limited to the witnesses listed by the department.You have to give reasons to allow new witness.In that case whether it demands NATURAL JUSTICE to allow new witness?The departmental inquiries are based on natural justice backed by prescribed procedure.Inroducing new witness may quash inquiry in court of law. If you are delinquent and you feel the witness will favour you you may convince IO to bring new witness.If you are PO then get permission of IO to introduce new witness.Till inquiry is in Inquiry Officer's hand he has jurisdiction to entertain request which demend NATURAL JUSTICE.This I compare with s.113 of CRPC where Accused is given opportunity to say about the proceedings already done and to say anything in his defence.
Ahmed Daud Girach
(Expert) 22 April 2012
Further to my earlier post it is prerogative of IO and NOT PO whether to call for new witness or not.PO should ask permission of IO and IO may give permission considering the tenants of natural justice.IF ,IO gives permission he is fully within his jurisdiction to allow it, however he may(not must) inturn ask the permission of charging Officer who has appointed him as inquiry officer whether to allow new witness?Because the Chargesheet issuing officer has not listed that witnesse's name.There may be some reason with the chrgesheet issuing officer.Still further till the inquiry is with the Inquiry Officer and has not declared it closed the IO is BOSS of the inquiry as per Law subject to departmental rule provide otherwise.I hope this will clarify the position.
R.RAJENDRAN
(Expert) 22 April 2012
the Supreme Court in its decision in UNION OF INDIA & OTHERS Vs. P. THAYAGARAJAN reported in 1999 (1) SCC 733. After referring to K.R. Deb's case, it was observed by the Supreme Court in para 8 which is as follows:- "8. A careful reading of this passage will make it clear that this Court notices that if in a particular case where there has been no proper enquiry because of some serious defect having crept into the enquiry or some important witnesses were not available at the time of the enquiry or were not examined, the disciplinary authority may ask the enquiry officer to record further evidence but that provision would not enable the disciplinary authority to set aside the previous enquiries on the ground that the report of the enquiry officer does not appeal to the disciplinary authority.
