1000 TIT BITS ON DISCIPLINE -251
REPORT OF THE INQUIRY
REPORT OF THE INQUIRY
991. Inquiry officer duty bound to arrive at findings based on material on record
"Indisputably, a departmental proceeding is a quasi judicial proceeding. The Enquiry Officer performs a quasi judicial function. The charges levelled against the delinquent officer must be found to have been proved. The enquiry officer has a duty to arrive at a finding upon taking into consideration the materials brought on record by the parties." [Roop Singh Negi v. Punjab National Bank, C.A. No. 7431 of 2008 decided by Supreme Court on 19.12.2008]
992. Correct assessment of evidence and objective analysis essential
The various disciplinary rules require that the inquiry officer should consider the record, appraise the evidence and record his findings on each charge stating it clearly whether or not, in his opinion, the charge(s) can be held to have been proved against the delinquent. The Supreme Court has put much emphasis on "correct assessment of evidence on an objective analysis based on cast iron logic” (Girdhari Lal v. Assistant Collector, (1970)2 SCC5307. The conclusion reached by the inquiry officer must be based on legal evidence and should flow logically out of the evidence on record. There should be no room for irrelevant considerations, conjectures, surmises, suspicion etc. [ Union of India v. H.C. Goel, AIR 1964 SC 364]. The report must be based on record of inquiry alone
Where the findings of the inquiry officer were based on no evidence interference by the C.A.T. was upheld by the Supreme Court (Union of India v. K.A. Kittu, C.A. No. 3541 of 1998 d. by Supreme Court on 10.11.2000).
993. Inquiry officer must reach clear-cut findings
After analysis of the evidence adduced during the inquiry the inquiry officer must reach a clear finding based on such evidence. Further, he should not make contradictory findings in different parts of report [Union of India v. K.A. Kittu, C.A. No. 3541 of 1998 d. by Supreme Court on 10.11.2000).
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