185. Knowledge Spectrum – Discipline – REPORT OF INQUIRING AUTHORITY 102
318. What should be the format of the Report?
Rule 14(23) of the CCS (CCA) Rules broadly indicates the content of the Inquiry Report as under:
After the conclusion of the inquiry, a report shall be prepared and it shall contain
(a) the articles of charge and the statement of the imputations of misconduct or misbehaviour; (b) the defence of the Government servant in respect of each article of charge; (c) an assessment of the evidence in respect of each article of charge; (d) the findings on each article of charge and the reasons therefor.
Apart from the above, there is no statutory format for the Inquiry Report. However, the following format may be suggested based on para 26.4 (wrongly mentioned as 26) of Chapter XI of the Vigilance Manual Volume 1 (Fifth Edition 1991):
(a) an introductory paragraph in which reference will be made to the appointment of the Inquiring Authority and the dates on which and the places where the hearings were held;
(b) charges that were framed;
(c) charges which were admitted or dropped or not pressed, if any;
(d) charges that were actually enquired into;
(e) brief statement of facts and documents which have been admitted;
(f) brief statement of the case of the disciplinary authority in respect of the charges enquired into;
(g) brief statement of the defence;
(h) points for determination;
(i) assessment of the evidence in respect of each point set out for determination and finding thereon;
(j) finding on each article of charge;
319. What other documents are to be sent along with the report?
Rule 14(23) (ii) of the CCS (CCA) Rules provides for submission of the following by the Inquiring Authority:
The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include :
(a) the report prepared by it under clause (i). (b) the written statement of defence, if any, submitted by the Government servant; the oral and documentary evidence produced in the course of the inquiry; written briefs, if any, filed by the Presenting Officer or the Government servant or both during the course of the inquiry; and (e) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry.
The above mandatory requirement may be elaborated as under.
Separate folders containing each of the following are required to be sent along with the Inquiry Report:
(a) Documents produced on behalf of the Disciplinary Authority Documents produced on behalf of the Charged Officer
(b) Statements of witnesses by way Examination in Chief, Cross Examination and Re-examination in the order in which the witnesses were examined
(c) Daily Order Sheets relating to the Inquiry
(g) Written Statements of defence made under Rule 14(4) and 14(16) of the CCA Rules or corresponding rule under which the inquiry was held
(h) 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 was held
(d) Orders passed by the inquiry Authority and the Disciplinary Authority in the course of inquiry; the following, for example:
order relating to allowing or rejecting the request by charged officer seeking additional documents for defence order relating to request for appointment of a Legal Practioner as defence Assistant order on the request of the Charged Officer for change of Inquiring Authority, etc.
(e) Correspondence entered into during the inquiry
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