An IO must be one who has an open mind and is absolutely impartial in the matter.
The IO is free to ask questions to the witness(es) by way of clarifications and such questions do not constitute bias or violation of natural justice.
The IO is also free to call for any additional evidence by way of documents or witnesses, if he considers the same necessary to bring out truth.
No person shall be a judge in his own case, applies to DA also.
The charge must be definite and contain full particularity in regard to the date, time, place and person.
The various essential details relating to a charge cannot be left to be guessed by the CE.
The charges must be specific with full particularity.
It cannot be assumed that the CE knows the charge.
Where the charge sheet did not contain full particulars of date, time and place of alleged misconduct, it was held that the CE was denied opportunity of defending himself.
The charge sheet should not contain expression or opinion which will show that the DA was biased or had a closed mind.
Charge sheet should not be issued on suspicion alone. There must be evidence of prima facie case.
Mention of proposed punishment in the charge sheet should be avoided, but it does not vitiate the proceedings unless it could be said that the DA had a biased and closed mind.
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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Important: Every effort has been taken to provide relevant and up-to-date information, however I do not take any responsibility for any action taken on the basis of the tips/write-ups in this blog.
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,