TIT BITS ON DISCIPLINE -255
1004. Can inquiry officer record findings on a charge not included in charge-sheet?
It is an accepted principle that the inquiring authority may record its findings on a charge different from the original articles of charge but it cannot record such findings unless either they are based on a clear admission by the charged officer or he was specifically granted an opportunity to meet such a charge during the inquiry. It goes without saying that such different/ additional charge must be incidental to the main charge. The inquiring authority has no power to record findings on a fresh or new charge which should appropriately be the subject matter of another charge sheet. Further, if the main charge fails, the delinquent cannot be punished for some lapse which stands on an entirely different footing (Akhil Singh v. Union of India, (TA-56/1986 decided by Calcutta Bench on 11.4.1986).
1005. Should the inquiry officer make recommendation regarding punishment?
The Supreme Court has held that unless the statutory rule or the specific order under which he was appointed requires, the inquiry officer need not make any recommendation regarding the punishment which may be imposed on the charged employee. However, if he makes any such recommendation, like his other findings, it shall be intended merely to supply material for consideration of the disciplinary authority (Union of India v. H.C. Goel, AIR 1964 SC 364). Earlier, in A. N. D'silva v. Union of India, AIR 1962 SC 1130, the Court had observed "It is for the punishing authority to propose the punishment and not for the enquiring authority." In fact, some authorities hold that the inquiry officer is only a fact finding authority and has no jurisdiction even to dub any particular action of the employee as a misconduct. It is entirely for the disciplinary authority to decide the question of guilt and punishment (see J.J. Mody v: State, AIR 1962 Guj. 197].
1006. DRAFTING OF REPORT OF INQUIRY
The report of inquiry officer should be in the form of a narrative, containing:
(a) Introductory, mentioning the important milestones in the course of inquiry starting from the appointment of the inquiry officer.
(b) broad features of the case under inquiry and the articles of charges and allegations on which they were based, or a gist thereof.
(c) proceeding in the preliminary hearing, the charges, if any, admitted, and the defence assistance availed of by the employee.
(d) statements of facts which were admitted; any mentionable point in the inspection of documents by the employee;
(e) the case of and gist of the evidence produced by the prosecution; the material evidence being stated in greater length;
(f) whether the accused examined himself;
(g) gist of the evidence by the defence; material evidence being described in somewhat detail;
(h) statement of issues i.e., points for determination;
(i) an analysis of the evidence adduced during the inquiry relating to each article of charge; and
(j) finding of inquiring authority on each charge with reasons for the conclusions.
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