1000 TIT BITS ON DISCIPLINE -177
761. Inordinate delay in issue of charge sheet - proceedings quashed
The irregularities, subject matter of the enquiry, had taken place in the years 1975-1977. They were within the knowledge of the Government even in April, 1977. The charge-sheet was issued on 22-4-1987. The Supreme Court held that the delay of twelve years was fatal to the proceedings. The Court observed :
“There is no satisfactory explanation for the inordinate delay in issuing the . charge memo and we are also of the view that it will be unfair to permit the departmental enquiry to be proceeded with at this stage.”
[State of Madhya Pradesh v. Bani Singh, AIR 1990 SC 1308 (para 4)]
762. Why Case of the Prosecution is Taken First
Actori incumbit onus probandi – The burden of proof rests upon the plaintiff i.e. the party who brings a civil suit in court of law. On the same analogy, in disciplinary proceedings, it is the Disciplinary Authority who initiates inquiry against the Charged Official by issuing the charge-sheet. Therefore, the responsibility is cast on the Disciplinary Authority to submit evidence to support the charges levelled against the Charged Official. Therefore, case of Disciplinary Authority is taken first. It is not that Charged Official adduces evidence first, to come out of the case by establishing his innocence, The Charged Official has thus no obligation in this regard. Jurisprudence in this regard stipulates that it is the duty of the party who has commenced the inquiry to introduce enough evidence on an issue under adjudication to have the issue decided by the fact-finder i.e. Inquiring Authority. The case of Disciplinary Authority who has this burden would stand lapsed if his evidence fails to convince Inquiring Authority to prove the charges.
763. Preliminary Hearing (PH)
Business to be transacted during Preliminary Hearing is as follows:
Mandatory Questions
At the Preliminary Hearing, Inquiring Authority has to ask the Charged Official a question (mandatory) – whether he pleads guilty and if not, whether he has any defence to make. Guilt is a cognitive/or an emotional experience that occurs when a person realises that he has violated a moral standard and bears sole responsibility for that violation. Therefore, 'being guilty means that one has committed a violation or a criminal offence. The term has been borrowed from criminal proceedings and used in Disciplinary Proceedings. If the Charged Official pleads unequivocally and unconditionally guilty, Inquiring Authority shall record his findings in respect of such article of charge(s); but if the Charged Official refuses or omits to plead guilty or pleads not guilty or pleads guilty conditionally, the Inquiring Authority has to go ahead with the inquiry proceedings. It is reiterated that if admission of guilt is other than clear-cut admission (i.e. with no rider of any type), Inquiring Authority will essentially have to hold proceedings. (Para 1 & 2 of Chapter XI of the CVC Vigilance Manual, Vol. 1 (Fifth Edition)]
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