In the departmental inquiry proceedings, action and/or decision should not actuated by extraneous and collateral considerations or by bias or bad faith.
The Civil Procedure Code, Criminal Procedure Code and Evidence Act have no application to Departmental Proceedings.
A departmental inquiry is neither a criminal trial for the imposition of punishment nor a proceeding in a court of law.
Though the technicalities of criminal law may not apply to departmental inquiry proceedings and the strict mode of proof prescribed by the Evidence Act may not be adopted with equal rigour, but even in departmental inquiry proceedings, the charges framed against the CE must be held to be proved before any punishment can be imposed on him.
As regards amendment of charge-sheet during te course of inquiry, the DA has an inherent right to amend, substitute or drop a charge at any time but the exercise of this power should be restricted to minimum.
Two principles of natural justice are: (i) The proceedings must be free from prejudice or any kind, and (ii) The CE must have an adequate opportunity to present his defence and prove his innocence.
Adequate (reasonable) opportunity has two ingredients: (i) A proper notice, and (ii) A reasonable hearing.
The purpose of the charge sheet is to give due notice of allegation to the charged employee so that he understands clearly the lapse or misconduct on his part.
The charge sheet must be framed in specific and concrete terms with full particularity relating to the date, time, place and nature of occurrence and must also cite, in sufficient detail, the documentary and oral evidence in possession of the DA to prove the allegation.
With best wishes,
Keshav Ram Singhal
IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority
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You may visit following blogs:
- 'Quality Concepts and ISO 9001:2008 QMS Awareness' at http://iso9001-2008awareness.blogspot.in/
- 'ISO 9001 QMS Awareness' Blog in Hindi at http://iso9001awareness.blogspot.in/
- 'EMS Awareness' Blog at http://emsawareness.blogspot.in/
- Blog on 'Forthcoming ISO 9001:2015 QMS Awareness' at http://qmsawareness.blogspot.in
With best wishes,