TIT BITS ON DISCIPLINE -257
1009. Papers to be forwarded to the Disciplinary Authority
After writing and signing his report, the inquiry officer shall forward to the disciplinary authority, the records of the inquiry, which shall include the documents mentioned below:
(a) report of inquiry prepared by it, with spare copies as may be necessary; and
(b) Folder I, containing lists of exhibits together with the documents produced during the inquiry;
(c) Folder II, containing lists of witnesses examined during the inquiry on behalf of prosecution and defence, separately, and the original depositions of all witnesses, arranged in the order in which they were examined;
(d) Folder III, containing the written statement of defence submitted by the employee, his answers to the mandatory questions and the written briefs, if any, submitted by both the sides;
(e) Folder IV, containing -
(i) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry; and
(ii) the Daily Order Sheet.
1010. Disputes as to what happened during the inquiry
If a dispute arises as to what happened before the Inquiry Tribunal, the statement of the presiding officer in that regard is generally taken as correct (Union of India v. T. R. Varma, AIR 1957 SC 882).
It is a settled law that statements of facts recorded by a quasi-judicial Tribunal in its proceedings as regards the matters what transpired during the hearing before it would not be permitted to be assailed as incorrect unless steps are taken before the same forum to correct them (Bhagwati Prasad v. Delhi State Mineral Dev. Corpn., AIR 1990 SC 371, para 5). Thus, if some matter is not brought to the notice of the inquiring authority itself for getting deletion, amendment or redress, it shall not be open to attack subsequently in a court of law (ibid.).
1011. Can inquiry officer proceed against a person appearing before him on account of his misbehaviour ?
An inquiring authority appointed by. disciplinary authority is not a 'Court' within the meaning of the Contempt of Court Act. Further, it has been held that the inquiry officer cannot proceed against an employee for misbehaviour in the same proceedings. In such cases, disciplinary action should be brought against the employee concerned separately (Kendriya Sarvodya Sahakari Sangh, Jaipur v. Industrial Tribunal, AIR 1968 Rajasthan 33).
Inquiry officer becomes officio functus after he writes and submits his report. In other words, jurisdiction bestowed upon him by his appointment stands exhausted.
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