Departmental enquiry


Dear Members,
A complaint has been registered against mental harassment caused by a Class One Officer of Government of Maharashtra. To substantiate the charges call recordings in which the accused officer is abusing and threatening to ruin career and lives of his juniors have been submitted to the appropriate authority, in a DVD. Preliminary Inquiry Committee is yet to be constituted. But all the recordings that have been submitted confidentially by the complainant are now with the accused officer.
My query is that can an accused officer as in aforementioned scenario get a copy of the evidences even before the preliminary inquiry committee is set up?
 
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Hello,

The accused will get a copy of all the documents which were given as evidence with the complaint so as to defend himself. 

 
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Yes sir, he is bound to get it all eventually. My query is rather specific. Can he have a copy of all the evidences even before inquiry committee has been set up? 

 
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Hey, 

As such the accused will get a copy of all the evidences against him so as to substantiate his counter accordingly but without a committee being established, how he got them , is a discrepancy.  

 
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Advocate

yes i do agree with expert Mr Pawar

 
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Yes sir, he is bound to get it all eventually. My query is rather specific. Can he have a copy of all the evidences even before inquiry committee has been set up?

 
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ha21@rediffmail.com Mumbai : 9820174108

1. Once a Complaint is duly registered against an officer, THEN accused is entitled to receive any & all documents /evidences mentioned in the complaint.  There is no such thing as "Confidential" in such matter and transparency has to be maintained, and the dept., head /director is liable to give any & all documents /evidences mentioned in the complaint, to the Accused even before any enquiry committee is set up, to enable accused to prepare his defense.

2. Enquiry Committee can be set up subsequently (depending on merit of complaint) and has got nothing to do with above.  Such Enquiry Committee has no jurisdiction to conduct proceedings, IF any & all documents /evidences mentioned in the complaint, are not already given to Accused.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

 
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Advocate

Yes, once the complaint is filed, the accused person is entitled to each and every documents based upon which he/she is alleged for fair hearing. Apart, setting up of Enquiry Committee is immaterial on this as its limitation is only in making enquiry and not hearing!

 
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Sir before appearing in departmental enquiry
their are pleminiry enquiry after completing the pliminiry enquiry all evidence will be provided to the allaged accused so that he may confront before the enquiry committee
 
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