Report of Inquiry Officer
167. The report of inquiry should be a
reasoned document. It must contain a statement of facts, the evidence adduced
by either party, an analysis of the facts and arguments and reasons for the
conclusions finally reached [A.L. Kalra v. P&E Corpn., AIR 1984 SC 961].
168. The inquiry officer should not take into
account any material which did not come up during the course of inquiry. In
other words, the inquiring authority has to confine itself to the records of
the case prepared during the course of inquiry [State of Assam v. M.K. Das, AIR
1970 SC 1255). The principle finds support from the Supreme Court judgment in
Union of India v. Mohd. Ramzan Khan, AIR 1991 SC 471 also.
169. The charge is proved by production of
evidence by the prosecution and the onus is not shifted on the accused employee
to exonerate himself [Sulhendra Chandra v. Union Territory, AIR 1962 Tripura
15). In Radhakanta v. State, AIR 1962 Orissa 125, the Orissa High Court
observed – “...a Tribunal is wrong if it places the burden of establishing his
innocence on the public servant....”
170. There must be sufficient evidence against the charged employee. The finding of guilt cannot be recorded on the basis of suspicion alone, howsoever grave [Union of India v. H.C. Goel, AIR 1964 SC 364; State of Madras v. A.R. Srinivasan, AIR 1966 SC 1827].
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