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Anmol   28 November 2022

Disciplinary proceedings

Sir, I have been served with a chargesheet for miscoduct from the departement during pendency of enquiry i had requested to change the inquiry officer on the ground of bias  but disciplinary authority had not taken any decision on that and the inquiry officer had not stayed the inquiry and proceed further without waiting for the disposal of the request of bias against the IO. Now the IO had submitted that Inquiry report against me. what should i do now please suggest as the inquiry officer was bias?



Learning

 8 Replies

vijay sathya   28 November 2022

file a Writ under 226 for changing the bias officer

P. Venu (Advocate)     28 November 2022

Are you a Government employee? Which is the Law under which the proceedings have been initiated? Did you participate in the proceedings or let the proceedings go ex-parte?

Please post the complete information.

Anmol   28 November 2022

I am central govt employee and facing disciplinary proceedinga under rule 14 of ccs cca rules. I had participated in the enuiry but when i sought inspection of original document, asked for some relevant documents before conducting cross examination but thw IO didnot allown. Aggriewing by that i had requested the DA for change of enquiry officer since then i had not participated inquiry as i had not receiven any notice. Now i came to know that the IO has proceed further and submit enuiry report without examining complainant and some other key witnesses. 

kavksatyanarayana (subregistrar/supdt.(retired))     28 November 2022

The Inquiry Officer has submitted the inquiry report to the Disciplinary Authority.  After conclusion, the disciplinary authority will give you a chance to submit final explanation and after receipt of your final explanation, he will give orders.  If the orders against you, you may prefer a case in CAT.  But after submitting Inquiry Report, why do you worry.  There is some process. Finla orders on the inquiry are awaited as per your query.

Anmol   28 November 2022

Sir, I had already requested the DA for change of inquiry officer on ground of bias and the supportive docs have been submitted. But can IO proceeds during pendency of such application and concluding Inquiry without seeking defence brief and without asking for defence witness. The PO in the matter had submitted its brief in preliminary hearing stage I.e. before summoning any listed witness.

Dr J C Vashista (Advocate)     29 November 2022

Well analysed and advised by experts, I fully agree and appreciate.

DA shall provide you an opportunity to submit your grievency/ objection before taking action on the recommendation of inquiry report. 

P. Venu (Advocate)     29 November 2022

The facts, as posted, suggest substantial violation of the CCS(CCA) Rules. The Disciplinary Authority is required to forward the Inquiry Report for your comments/representation. You can highlight the alleged bias and other inconsistencies in your representation and once again request for de novo inquiry through another Inquiry Authority.

Are the refusal of additional documents etc. duly noted in the ordersheets?

Anmol   29 November 2022

Sir, the IO has denied the  documents by issuing a letter. Some transcriptts are annexed in memorandum and  I had asked for the audible version but the IO denied the supply of audible version by writing that the CO had not challenge the veracity of transcriptts so the audible version can not be supplied at this stage. However no examination was done at that stage of relevant witnesses


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