In an investigation it was observed that on the basis of a document, four executives initiated a proposal (signed the proposal as co signatory but on different dates) to make compensation payment under Workmen compensation Act 1923 to dependents of ex. employee. Later on, it was found that the document which was considered by this four person was not containing the correct facts. Two of the signatory pleaded that as the documents was issued by a senior officer hence the fact as mentioned in the document was accepted & accordingly their role was not questinoed. One of the signatory was project head and he was charge sheeted taking plea that he should be aware of the facts of the fatal accident. Another executive was also issued charge sheet on the ground that he being the controlling officer of the deceased employee must be aware that the facts in the base document for compensation was containing incorrect facts. These two executives ie the Project head and the controlling Officer of the deceased worker were issued charge sheet under majorpp. On denial of the charge IA/PO were appointed and the other co signatory of the proposal for compensation payment who were not charge sheeted were presented as MW before the IA. The IA in his report has observed that these officers(MW) were very much party to the recommendation of payment of compensation but they have not been charge sheeted for the lapses having not verifying the facts as mentioned the document. Though they were departmental head of Finance and personnel discipline but they failed to ascertain the circumstances of death and simply recommend the compensation payment.
Can IA make any comment against any person who was not chargesheeted while sdubmitting his report. What is his locusstandi in this regard. Is DA should take note of this remark for any subsequent action.
