Inquiry
kehar singh
(Querist) 30 July 2012
This query is : Resolved
Sir,
As per our State govt Servants Disciplinary and Appeal Rules, the Inquiring Officer has to complete the inquiry within three months from the date of first hearing. But 3 months is about to expire and there is no sign of completing the inquiry for about another 4-5 months. In this situation what can I do. Where should I approach. Should I report to the Disciplinary authority who has appointed the I.O.Pl give me ur valuable advise.
venkatesh Rao
(Expert) 30 July 2012
No, You cannot do as such. Your scope is limited. The IO will and shall have to seek extension of time quoting valid reasons. The time frame is instructional and illustrative . Mere delay will not by itself vitiate the proceedings.
Sudhir Kumar, Advocate
(Expert) 31 July 2012
I am sorry for the sake of career of the queries (who is otherwise on to experiment with his career) I will have to disagree with Mr Venkatesh Rao.
In disciplinary proceedings there is no provision for appointment of IO with a time frame and there is absolutely no need for him to seek extension of time leave aside quoting any valid reasons.
YES this is the law. Howsoever cruel it may appear. The duration of inquiry is guided by the principles of natural justice and inquiry generally do not finish with 6 months (unless IO willfully denies opportunity to the accused or accused has no defence) which is the time limit laid down by CVC.
In case of undue delay in finalisation the accused can move to the court as the right of speedy trail does apply in principle to quasi-judicial proceedings as well.
I agree with Mr Venkatesh Rao that mere delay does not vitiate proceedings I will add that it is only unjustified delay, not attributable to the accused which can be challenged.
The queriest is raising query again and again, at times repeated and at times in piecemeal. His other threads are:-
http://www.lawyersclubindia.com/experts/Disciplinary-action-from-deptt--313111.asp
http://www.lawyersclubindia.com/experts/Suspension-in-service-302056.asp
http://www.lawyersclubindia.com/experts/absence-of-clause-rules-314406.asp
http://www.lawyersclubindia.com/experts/Argument-318696.asp
http://www.lawyersclubindia.com/experts/absence-of-acknowledgement-receipt-325406.asp
http://www.lawyersclubindia.com/experts/Inquiry-326641.asp
http://www.lawyersclubindia.com/forum/Inquiry-period-63010.asp
http://www.lawyersclubindia.com/forum/Inquiry-period-63010.asp
My repeated and sympathetic advise to him will be that he should not put his career to experiment. He should have a Defence Asstt.
