TIT BITS ON DISCIPLINE -260
REPORT OF INQUIRY
1017. Though, the inquiry officer who recorded the evidence personally and watched demeanour of the witnesses is normally in the best position to record the findings, but it is not an absolute requirement. However, the report must be written only by such an officer who has heard evidence, even though in part. The process of inquiry covers the recording of evidence, admitting documents and generally completing the records on which the findings are based. The hearing of arguments after the evidence has been recorded would not form a part of it. In a case where more than one inquiry officers are appointed in succession, the officer who writes the report must be the one who has recorded any part of evidence before that stage [see M.N. Dasanna v. State of A.P., AIR 1973 SC 2275].
1018. The report of inquiry must be based on the evidence adduced during the inquiry. Neither any part of such evidence can be ignored, nor inquiry officer can take into account any matter or information collected behind the back of charged officer. This aspect has already been discussed in sufficient detail in this Chapter. Inquiry officer must also avoid giving any weight, howsoever minute, to his personal knowledge of the matter against employee (State of U.P. v. Mohd. Nooh, AIR 1958 SC 86]. The inquiry officer must keep his mind open till he writes his report [Rao Rallapalli Suryanarayanan v. State of Andhra, 1968 SLR 77). The report must also be free from any pressure or influence. Any communication addressed to inquiry officer for this purpose, in open or confidentially, by the employee or department, would tantamount to a serious interference in the administration of justice
(Jyoti Narain v. Sinha, AIR 1954 Patna 289).
1019. The conclusion reached by the inquiry officer must be based on legal evidence and should flow logically out of evidence on record. There should be no room for irrelevant considerations, conjectures, surmises, suspicion etc.
[Union of India y. H.C. Goel, AIR 1964 SC 364; Davendrabhai v. R.V. Sheth, 1992 AIR SCW 1454).
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