172. Knowledge Spectrum – Discipline – EX-PARTE INQUIRY 89
273. What is ex parte Inquiry?
An inquiry in which the charged officer is not represented is known as Ex- parte inquiry
274. What is the statutory provision regarding ex parte proceedings?
Rule 14(20) of the CCA Rules provides as under:
" If the Government servant to whom a copy of the articles of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex parte."
275. What are the conditions under which ex-parte inquiry may be resorted to?
As may be seen from the above extracted provision of the Rule, ex-parte inquiry can be resorted to only when the following conditions are satisfied:
(a) Articles of charge should have been delivered
(b) The charged officer had failed to submit the written statement of
(c) Does not appear in person before the Inquiring Authority or
(d) Fails or refuses to comply with the provisions of the CCA Rules
276. If delivery of articles of charge is pre-requisite for conducting ex-parte inquiry, what will be the possibility of going ex-parte when the charged officer evades or refuses acceptance of Charge Sheet?
Firstly it must be appreciated that delivery of charge Sheet does not mean physical delivery and obtaining an acknowledgement therefor. Constructive delivery of Charge Sheet is adequate to hold that the articles of charge have been delivered.
In this connection, para 20.2 of Chapter X of the Vigilance Manual Volume 1 (1991 Edition) is extracted hereunder:
"20.2 If the Government servant evades acceptance of the articles of charge and/or refuses to accept the registered cover containing the articles of charge, the articles of charge will be deemed to have been duly delivered to him as refusal or a registered letter is normally tantamount to proper service of its contents."
As a measure of precaution, the charge sheet may be pasted on the notice board, doors of the residence of the charged officer, uploaded on the web site of the organization and an advertisement may be issued in a news paper regarding the initiation of the disciplinary proceedings. For the pasting of the charge sheet on the doors, independent witnesses' statements may be obtained.
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