1000 TIT BITS ON DISCIPLINE -198
835. Change of Inquiry Officer during the proceedings
Ordinarily, the officer who records findings of the inquiry should be the same officer who recorded the evidence and had thus the occasion to observe demeanour of the witnesses. But, this cannot be said to be an absolute requirement in the departmental inquiries to ensure justice to the charged officer. For administrative reasons, many a time, it may become necessary to change the inquiry officer before the inquiry proceedings are finalized. No Principle of Natural Justice is violated when an inquiry officer is changed or one member of the inquiring committee is substituted by another (General Manager, Eastern Railway v. Jawala Prasad Singh, AIR 1970 SC 1095, para 7]
However, the change in inquiry officer should be in unavoidable situation only because it generally has the effect of dislocating the work of inquiry and causing delay.
Further, it must be remembered that no inquiry officer can be appointed to write the report only. In other words, the change in the inquiry officer is permissible only when a part of the evidence is still to be recorded [M.N. Dasanna v. State of A.P., AIR 1973 SC 2275). Even hearing of arguments is not a part of inquiry (ibid.)
836. Should proceedings start de novo with change in Inquiry officer?
Not necessary. No such requirement flows from natural justice. In fact, de novo inquiry cannot be claimed as a matter of right, unless the rules specifically provide for it. Therefore, if the inquiry officer starts inquiry from where it had been left by its predecessor, the proceedings are not in any way vitiated [General Manager, Eastern Railway v. Jawala Prasad Singh, AIR 1970 SC 1095). The reason is - firstly, the impression, if any, created by any particular witness on the mind of the inquiry officer has to be translated by him into writing; secondly, the inquiry officer is no judge of merits as his report is only for assistance of the disciplinary authority, who has to reach independent conclusions (ibid.]
Rule 14(22) of the C.C.S. (C.C.A.) Rules, 1965, provides that the succeeding inquiry officer shall normally take up the threads from where they were left, but may, in his discretion, recall a witness.
837. Departmental inquiry officers to be relieved from their normal duties for a period up to twenty days to attend to inquiry on full time basis
The Government of India have issued instructions that wherever a Departmental Officer is appointed as the Inquiry Officer in Departmental Proceedings, the officer concerned shall be relieved from his normal duties for a period upto 20 days in two spells during which he should complete the inquiry and submit the report. During the period so allowed, he will attend to the inquiry on full-time basis
[DOP&TO.M. No. 142/5/2003-AVD. I, dated 6.4.2004).
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