1000 TIT BITS ON DISCIPLINE -195
826. Inquiries by Departmental Officers
In such matters, the Government of India have decided that in the appointment of inquiry officers, the following points should be kept in mind :
(a) Though it may not be possible always to entrust inquiries to gazetted officers, these should be conducted by an officer who is sufficiently senior to the officer whose conduct is being inquired into, as inquiry by a junior officer cannot command sufficient confidence
[DOP O.M. No. 7/1/70-Ests. (A), dated 6.1.1971].
(b) Only disinterested officers should be appointed as inquiry officers. There is no bar to the immediate superior officer holding an inquiry but, as a rule, he should not be suspected of any bias in such cases [MHA O.M. No. 6/26/60-Ests. (A), dated 16.2.1961]
(c) In each Ministry or Department, a specified officer or officers of appropriate rank shall be nominated and earmarked for the purpose of conducting all the departmental inquiries arising within that Ministry/Department [MHA O.M. No. 39/40/52-Ests. dated 4.10.1952).
(d) The officer nominated as inquiry officer will be relieved of his normal duties to such extent as may be necessary to enable him to devote full and careful attention to the completion of the inquiries and submission of the reports. During this time, the work of the officer relieved may be distributed amongst other officers. (ibid.)
826. Inquiries by Departmental Officers
In such matters, the Government of India have decided that in the appointment of inquiry officers, the following points should be kept in mind :
(a) Though it may not be possible always to entrust inquiries to gazetted officers, these should be conducted by an officer who is sufficiently senior to the officer whose conduct is being inquired into, as inquiry by a junior officer cannot command sufficient confidence
[DOP O.M. No. 7/1/70-Ests. (A), dated 6.1.1971].
(b) Only disinterested officers should be appointed as inquiry officers. There is no bar to the immediate superior officer holding an inquiry but, as a rule, he should not be suspected of any bias in such cases [MHA O.M. No. 6/26/60-Ests. (A), dated 16.2.1961]
(c) In each Ministry or Department, a specified officer or officers of appropriate rank shall be nominated and earmarked for the purpose of conducting all the departmental inquiries arising within that Ministry/Department [MHA O.M. No. 39/40/52-Ests. dated 4.10.1952).
(d) The officer nominated as inquiry officer will be relieved of his normal duties to such extent as may be necessary to enable him to devote full and careful attention to the completion of the inquiries and submission of the reports. During this time, the work of the officer relieved may be distributed amongst other officers. (ibid.)
827. Inquiries by Departmental Officers
In such matters, the Government of India have decided that in the appointment of inquiry officers, the following points should be kept in mind :
(a) Though it may not be possible always to entrust inquiries to gazetted officers, these should be conducted by an officer who is sufficiently senior to the officer whose conduct is being inquired into, as inquiry by a junior officer cannot command sufficient confidence [DOP O.M. No. 7/1/70-Ests. (A), dated 6.1.1971).
(b) Only disinterested officers should be appointed as inquiry officers. There is no bar to the immediate superior officer holding an inquiry but, as a rule, he should not be suspected of any bias in such cases (MHA O.M. No. 6/26/60-Ests.(A), dated 16.2.1961].
(c) In each Ministry or Department, a specified officer or officers of appropriate rank shall be nominated and earmarked for the purpose of conducting all the departmental inquiries arising within that Ministry/Department (MHA O.M. No. 39/40/52-Ests. dated 4.10.1952]
(d) The officer nominated as inquiry officer will be relieved of his normal duties to such extent as may be necessary to enable him to devote full and careful attention to the completion of the inquiries and submission of the reports. During this time, the work of the officer relieved may be distributed amongst other officers. (ibid.)
828. Change of inquiry officer during the proceedings should be avoided
While appointing an inquiry officer, it should be ensured that he shall be available for the purpose up to the completion of inquiry. Any change of the inquiry officer in middle of the inquiry should be avoided as far as possible because it results in dislocation of inquiry. The Central Vigilance Commission has issued instructions vide. para 4 of their Circular No. 34/09/06 (F. No. 006/PRC/I) dated 21.9.2006, reproduced below :
"After due consideration, the Commission has directed that the Disciplinary Authority should consider all relevant aspects about the official to be appointed as I.O./P.0, in a particular case, with particular reference to his/her continued availability to complete the inquiry proceedings. It should be ensured that only such officials, who are not likely to be transferred during the pendency of the inquiry proceedings, are appointed as P.Os./I.Os. In extreme cases where the transfers are unavoidable, it should be ensured that the I.Os./ P.Os. complete the inquiry proceedings as expeditiously as possible, before they are relieved or at the earliest after their relief. It should also be kept in view, that to the extent possible, an official of appropriate seniority, with reference to the status of the charged official, is appointed as the P.O."
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