Findings beyond charge sheet
S.B.adil rahman
(Querist) 12 December 2011
This query is : Resolved
In a departmental proceeding the Inquiry Authority has given a finding which do not have expressly been charged against the delinquent by the Disciplinary Authority. In other words he has improved the charges without the consent of the Disciplinary Authority. On the basis of the findings punishment of holding of one increment has been ordered by the Disciplinary Authority. How far it is sustainable in the eye of the law? Kindly guide.
Guest
(Expert) 12 December 2011
An I.O. can inquire in to and has to limit his findings pertaining to the articles of charge only. By doing so, as has been pointed out by you, he has gone beyond his jurisdiction, which can be considered as the cause of his bias against the charged officer. His findings can well be challenged in the competent court of law.
Advocate. Arunagiri
(Expert) 12 December 2011
The inquiry authority is having all such powers to give his findings, even if the findings are not charged earlier by the Disciplinary authority.
At the same time the employee should have been given a chance to rebut the charges. only after that the inquiry authority can give his findings.
Guest
(Expert) 12 December 2011
Mr Arunagiri,
Please review your reply, as it is not a court case, and in departmental inquiry cases, the I.O. cannot assume the charge of a disciplinary authority.
Nadeem Qureshi
(Expert) 12 December 2011
I think Mr. Dhingra is rightly explained
Raj Kumar Makkad
(Expert) 14 December 2011
I endorse the views of Sh. dhingra g.
Advocate. Arunagiri
(Expert) 14 December 2011
Learned friends, Still I am having the opinion that the I/O can record his additional charges subject to giving opportunity to the servant.
In support of my opinion, find my enclosure :-
1. Railway enquiry
909. Findings on new Charge:
If in the opinion of the IO the proceedings establish an article of charge different from the original articles of charge, he may not record his findings unless the railway servant has either admitted the related facts or had a reasonable opportunity of defending
2. Pondicherry police Enquiry
WHETHER INQUIRY OFFICER CAN RECORD FINDING ON ADDITIONAL CHARGE?
1.7. An Inquiry Officer can record a finding on a charge not included in the charge sheet served on the Govt. servant in view of the explanation under Rule 23(i) of the CCS (CCA) Rules, 1965. The rules provide that if the inquiry officer is of the opinion that the proceedings of the enquiry establish any article of charge different from the original articles of charge, he may record, his findings on such article of charge
provided that the Government servant has either admitted the facts on which such
article of charge is based or he has had a reasonable opportunity of defending
himself against such article of charge. Normally the Inquiry Officer restricts his
findings to the articles of charge communicated to the accused officer. However, if
he is of the opinion that a charge other than those included in the charge sheet is
established, he can record his findings on such additional charge only if any of the
following two conditions are fulfilled:
(i). that the charged officer has admitted the facts on which such article of
charge is based, or
that the charged officer was given reasonable opportunity to defend himself against such charge during the course of the enquiry.
prabhakar singh
(Expert) 14 December 2011
I endorse the views of Advocate. Arunagiri
