186. Knowledge Spectrum – Discipline – REPORT OF INQUIRING AUTHORITY 103
320. How does the Inquiring Authority assess evidence and draw conclusions?
This is covered under the separate chapter “Evaluation of Evidence"
321. To whom is the Inquiry Report sent?
Inquiry Report is sent to the Disciplinary Authority. It must be clearly noted that the Inquiring Authority should not send copy of the report to the Charged Officer.
However, in respect of the inquires conducted by the Commissioners of Departmental Inquiry nominated by the Central Vigilance Commission, the report, together with the record of the inquiry including the exhibits, will be forwarded by the Commissioner for Departmental Inquiries to the Central Vigilance Commission with spare copies of the report for the above as provided under para 26.8 of Chapter XI of the Vigilance Manual Volume 1 (Fifth Edition 1991).
322. What are the powers of the Inquiring Authority regarding recalling and modifying the Inquiry Report?
As per para 26.7 of the Chapter XI of the Vigilance Manual Volume 1 (Fifth Edition 199), extracted hereunder, the inquiring Authority becomes a functus officio after signing the report.
26.7 The Inquiry Officer after signing the report becomes functus officio and cannot thereafter make any modification in the report.
Needless to add that the Disciplinary Authority, on examination of the Inquiry Report is empowered to remit the case back to the Inquiring Authority for further Inquiry. In such an eventuality, the Inquiring Authority is duty bound to comply with the instructions of the Disciplinary Authority. This aspect is discussed in a subsequent chapter
323. How many copies of the Inquiry Report are to be sent?
Although the CCA Rules are silent on this aspect, Para 26.6 of the Chapter XI of the Vigilance Manual Volume 1 (Fifth Edition 1991) provides as under:
26.6 The Inquiry Officer will forward to the disciplinary authority his report together with the record of the enquiry including the exhibits and spare copies of the report as follows:
i) as many copies as the number of delinquents; ii) one copy for the Special Police Establishment in cases investigated by them.
Further, para 26.8 of Chapter XI of the Vigilance Manual Volume 1 (Fifth Edition 1991) provides that in all cases in which the inquiry has been held by a Commissioner for Departmental Inquiries, the report, together with the record of the inquiry including the exhibits, will be forwarded by the Commissioner for Departmental Inquiries to the Central Vigilance Commission with spare copies of the report for the above.
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