TIT BITS ON DISCIPLINE -265
Obtaining observations of charged employee on Report of Inquiry
1033. However, if the disciplinary authority is satisfied that the inquiry has been held properly and in accordance with the prescribed procedure, he may proceed to consider the report of inquiry. Here his first step is to send a copy of the report of inquiry to the charged employee and obtain his observations, if any, thereon. The law requires that the disciplinary authority cannot proceed to consider the report unless and until he has sent a copy of the report of inquiry to the charged employee and given him an opportunity to submit his observations thereon within the prescribed time, usually fifteen days. This requirement is now mandatory and the procedure must be followed in all the inquiries, as held by a Constitution Bench of the Supreme Court in Managing Director , ECIL v. B. Karunakar, AIR 1994 SC 1074. Subsequently, Rule 15 of the CCS (CCA) Rules, 1965, was amended vide. DOP&T Notification No. 11012/4/94-Estt. (A), dated 3.5.1995, to provide for it.
1034. This requirement has to be met in every case where the report of inquiry was processed after November 20, 1990, the date on which this requirement was first prescribed by the Hon'ble Supreme Court in Union of India v. Mohd. Ramzan Khan, AIR 1991 SC 471]. According to the law laid down by the Supreme Court :
(i) the requirement arises only where the inquiry was held by an officer other than the disciplinary authority; and
(ii) where the report contains an adverse inference against the charged employee. Thus, if the inquiry officer has held the charges as not proved and the disciplinary authority agrees with him the report may be processed straightaway.
1035. But, many a time, the rules amended consequent to the Supreme Court judgments also provide for furnishing to the charged employee a copy of the report of inquiry where the inquiry was held by the disciplinary authority itself also and/or the report contains conclusions favourable to the employee. An instance to the point is the amended Rule 15 of CCS (CCA) Rules, 1965. Here the disciplinary authorities are advised to study the relevant rules and to go strictly by them.
1036. As prescribed by the Government of India vide. their O.M. No. 11012/13/85Estt. (A) dated 26.6.1989, the copy of the report of inquiry should be sent to the Government servant concerned with the following endorsement :
“The report of the Inquiry Officer is enclosed. The Disciplinary Authority will take a suitable decision after considering the report. If you wish to make any representation or submission, you may do so in writing to the Disciplinary Authority within fifteen days of the receipt of this letter."
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