1000 TIT BITS ON DISCIPLINE -143
591. What are all the precautions required before giving statements?
• Whenever seeking statement, one should demand to see the vouchers or records.
• One has every right to ask time to give his statement.
• After giving a statement, a copy of the same must be taken.
• If refuses time, one may say that he want to pursue the records, consults necessary rules.
• To avoid false report as if refused to give statement, the official should send his representation to DA through proper channel.
• As per law, nobody should be forced to testify against himself and refusal to give statements could not be construed as misconduct.
• The statement is the most vital factor and one should be very careful.
• Always consult knowledgeable persons before giving statements.
• Always see the documents at first and ascertain your role before defending the case.
• First ensure that whether were you on duty on the day.
• Pursue documents and find out whether the same were handled by you.
• Check rules & find out the extent of your negligence.
• Never write a statement as per the officer’s dictation.
Consult knowledgeable people before giving a statement and act on his advice to avoid complications
• Never trust the officers/administration.
• Always take notes on the evidences & take copies of your statement.
• If Rule 16 is issued, make a request to pursue all the documents.
• If DA is relying on other’s statements, seek oral inquiry. If refuses, don’t worry; it will be helpful for legal remedy.
• Submission of proper representation will help while approaching CAT for remedy.
The above are not exhaustive and you may add due to your experiences in the field levels.
592. There is distinction between preliminary inquiry for finding prima facie facts and the disciplinary proceedings for finding the truth in the imputations.
[Champaklal C Shah V UOI &Ors AIR 1964 SC 1854/AG Benjamin V UOI SLR 1967 SC 185]
593. Misconduct of postal officers – need for expedite action
The cases of misconducts coming to the notice relating to officers / officials retiring in near future are processed on top priority basis so that their cases are finalized expeditiously and no charge sheet is issued to any officer/official at least during the last 6 months prior to his retirement unless the irregularity/misconduct on his part has come to light during that period only. In the second eventuality also, such case should be processed on top priority basis so that the cases are decided before retirement and if not possible, the within 3 months of his retirement, positively. In case of Gazetted officers any such proposal sent to us must be complete in all respects including the recommendations of the CPMG by following the guidelines issued under R. Narasimhan’s directions formally DDG (Vig)’s Do of even number dtd 22.07.1994.
[Lr No. 7-4/88 –Vig (pt) dtd 03.05.1995 of DDG (Inspection &Vigilance) Postal Directorate New Delhi]
594. Initiation of departmental inquiry with regard in quasi judicial functions, not proper in the absence of prima facie material showing recklessness or misconduct
[S.C Gangwar V UOI & Ors OA No. 2752 of 1901 CAT Principal Bench ND DOJ 13 08 1992]
595. ‘Employee should not be exposed to disciplinary proceedings in the absence of substantial material to incriminate him’
[Ramesh K.Desai V U01 &anr 1990(3) SLJ (CAT) 241 (Ahmedabad)]
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