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Anmol   04 December 2022

Departmental proceedings

Sir,

Can inquiry officer prove the charges which are not mentioned in Annexure I of the charged memorandum in departmental enquiry under rule 14 of ccs cca. Please suggest in the matter as in my case prove the charges which are not in Annexure I



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 December 2022

you can file a petition in administrative tribunal 

Sudhir Kumar, Advocate (Advocate)     22 December 2022

Not Yet.

 

cause of action for CAT/SAT will rise only if the report is accepted by the Disiciplinary Authority.

 

Pri,ma-facie expressing judgementonl aything which is not part of charge is not the field of IO.

P. Venu (Advocate)     22 December 2022

Please see Explanation below Sub-rule (23)(i) to Rule 14.

(23)(i)  After the conclusion of the inquiry, a report shall be prepared and it shall contain-

(a)              the articles of charge and the statement of the imputations of misconduct or misbehaviour;

(b)              the defence of the Government servant in respect of each article of charge;

(c)               an assessment of the evidence in respect of each article of charge;

(d)              the findings on each article of charge and the reasons therefor.

EXPLANATION- If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of charge:

Provided that the findings on such article of charge shall not be recorded unless the Government servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.

If the finding of the IO does not comply with the proviso to the said Explanation, this aspect could be highlighted in the representation to the Disciplinary Authority in terms of Rule 15(ii) -

15.       Action on inquiry report

(1)       The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of Rule 14, as far as may be.

(2)       The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority together with its own tentative reasons for disagreement, if any, with the findings of inquiring authority on any article of charge to the Government servant who shall be required to submit,  if he so desires, his written representation or submission to the disciplinary authority within fifteen days, irrespective of whether the report is favourable or not to the Government servant.

Sudhir Kumar, Advocate (Advocate)     30 December 2022

read twice rule `15(2) as quoted by Mr Venu


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