183. Knowledge Spectrum – Discipline – REPORT OF INQUIRING AUTHORITY 100
313. What is the purpose of the Inquiry Report?
Purpose of the Inquiry Report is to analyse the evidence received in the course of the inquiry and the submissions made by the PO and the CO through their respective briefs and give a finding as to whether the charges are proved.
314. What are the material based on which the Inquiry Report is made?
Input for the Inquiry Report is obtained from the following:
(a) Charge sheet
(b) Documents submitted in the course of the inquiry (Listed documents as well as additional documents demanded by the Charged Officer)
(c) Statements of the witnesses during Examination in Chief, Cross Examination and Re-examination
(d) Statement of defence given by the Charged Officer under Rule 14(4) of the CCA Rules or corresponding rule under which the inquiry is being held
(e) Statement of defence given by the Charged Officer in response to the question under Rule 14(18) of the CCA Rules or corresponding rule under which the inquiry is being held
(f) Submissions by the Presenting Officer and the Charged Officer including written brief, if any, under Rule 14(19) of the CCA Rules or corresponding rule under which the inquiry is being held
While the core material for the Inquiry Report would be available in the above documents, Daily Order Sheets and the orders passed during the inquiry may also supply useful material in answering allegations of inadequate opportunity if any raised by the Charged Officer.
315. What are the precautions to be observed by the IO in preparing the report?
Inquiring Authority should take care of the following while preparing the report:
(a) The authority should confine to stating as to whether the charges have been proved or otherwise. Any mention by the Inquiring Authority regarding the quantum of penalty may raise serious doubts about its neutrality. The following observation by the Hon'ble Supreme Court in the case of State of Uttaranchal and Ors. Vs. Kharak Singh (JT2008(9)SC205, (2008)8SCC236, 2009(1)SLJ375(SC)] is relevant in this connection:
13. Another infirmity in the report of the enquiry officer is that he concluded the enquiry holding that all the charges have been proved and he recommended for dismissal of the delinquent from service. The last paragraph of his report dated 16.11.1985 reads as under
During the course of above inquiry, such facts have come into light from which it is proved that the employee who has doubtful character and does not obey the order, does not have the right to continue in the government service and it is recommended to dismiss him from the service with immediate effect.
Though there is no specific bar in offering views by the enquiry officer, in the case on hand, the enquiry officer exceeded his limit by saying that the officer has no right to continue in the government service and he has to be dismissed from service with immediate effect. As pointed out above, awarding appropriate punishment is the exclusive jurisdiction of the punishing /disciplinary authority and it depends upon the nature and gravity of the proved charge/charges and other attended circumstances. It is clear from the materials, the officer, who inspected and noted the shortfall of trees, himself conducted the enquiry, arrived at a conclusion holding the charges proved and also strongly recommended severe punishment of dismissal from service. The entire action and the course adopted by the enquiry officer cannot be accepted and is contrary to the well-known principles enunciated by this Court.
(b) It must be ensured that all the findings and conclusions in the report are based on evidence produced during the inquiry
(c) Only on the material made available to the Charged Officer and in respect of which opportunity was provided for controverting the same can be relied upon for drawing conclusions
(d) Inquiring Authority should ensure not to import its personal knowledge in preparing the report
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