184. Knowledge Spectrum – Discipline – REPORT OF INQUIRING AUTHORITY 101
316. What is meant by "the charge is partially proved"?
A charge is supposed to contain a single omission or commission on the part of the Charged Officer such as the following:
(a) The charged officer had filed a false claim
(b) The charged officer had abused his official position by showing a favour to a relative
(c) The charged officer had violated a specific rule in the purchase code.
In the above kind of single dimensional charge, the findings should be either that the charge was proved or not proved. Although the charge at (b) above, has two parts viz. abusing the position and showing a favour to relative, the two are inextricably linked that the proof of one amounts to proof of another. On the contrary, at times, a charge may contain more than one element such as the following:
(a) The charged officer had failed to comply with the provisions of the purchase code and thereby caused loss to the state.
(b) The charged officer had submitted a misleading information and thereby shown favour to a particular supplier.
(c) The charged officer had manipulated the marks obtained by seven ineligible candidates and passed them in the departmental examination
In these types of charges, a part of the charge may be proved. For example, violation of the provisions of the purchase code may be proved and the loss to the state may not be proved. Alternatively, no evidence might have been led about the marks obtained by two of the seven candidates. Under such circumstances the Inquiry Authority may have to state that the charge is partially proved.
Under such a contingency, the Inquiry Authority should mention explicitly as to which part of the charge is proved and which part is not proved.
317. What should the Inquiry Authority do if the inquiry establishes a charge other than the one mentioned in the Charge Sheet?
It is the statutory responsibility of the Inquiring Authority to give its finding on any article of charge different from the original article of charge if the same is established in the course of the inquiry. This is subject to the condition that the Charged Officer had an opportunity of defending himself/herself against such a charge.
In this connection Explanation under Rule 14(23) of the CCA Rules provides as under:
"EXPLANATION- If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of charge:
Provided that the findings on such article of charge shall not be recorded unless the Government servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge."
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