173. Knowledge Spectrum – Discipline – EX-PARTE INQUIRY 90
277, Is there any difference between holding ex-parte inquiry and dispensing with Inquiry under Rule 19 (ii) of the CCA Rules?
The following differences exist between ex-parte inquiry and dispensing with Inquiry
S.No
Ex-parte inquiry
Inquiry dispensed with under Rule 19(ii)
(a) Decision is taken by the Inquiring Decision is taken by the Disciplinary Authority
(b) Authority of recording any reasons as to why reasons as to why it is not reasonably inquiry is to be held ex-parte practicable to hold an inquiry in the manner provided in the rules
(c) Conditions precedent specified in No conditions are prescribed in the Rules; rule 14(20) must be satisfied Disciplinary Authority has to record the reason as to why it is not reasonably practicable to hold the inquiry in the manner provided in the Rules
(d) During ex-parte Inquiry, the When inquiry is dispensed with, there is no Charges need to be proved by question of leading evidence or leading evidence on behalf of the establishing that the charge is proved. It is Disciplinary Authority for the disciplinary authority to consider the evidence on record and pass a reasoned order imposing penalty to and
(e) There is scope for the Charged Once inquiry is dispensed with, the Officer turning up at a later date Charged Officer has no right to seek and seeking to participate in the participation in the Inquiry ex-parte inquiry
(f) There is a possibility that the inquiry may not result in any charge being established
The process will end in imposition of penalty
From the foregoing, it may be seen that ex-parte inquiry provides better protection to the employee and therefore dispensing with inquiry should not be treated as a substitute for ex-parte inquiry. Where there is scope for holding ex-parte inquiry, the authorities should not resort to dispensing with inquiry under Rule 19(ii).
278. What precautions are necessary before for conducting ex-parte inquiry? Following pre-cautions are necessary before resorting to ex-parte inquiry”
(a) Before proceeding ex-parte, Inquiring Authority must ensure that communications are being sent to the correct address of the Charged Officer
(b) Secondly, it must be ensured that sufficient time is being provided for attending the inquiry, with due regard to the travel arrangement between the place of the inquiry and place of posting or residence of the Charged Officer.
(c) Thirdly the Inquiring Authority must ensure that the Charged officer is not on sanctioned medical leave or on any official assignment
(d) If the Charged Officer is under suspension, Inquiring Authority must check whether the non-attendance is attributable to the non-payment of subsistence allowance
(e) Whether the Charged Officer has been warned that continued absence would result in the proceedings being conducted ex-parte
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