The IO cannot look into any ‘unspecified’ records for reaching his conclusions.
The CE is entitled to inspect all documents relied upon by the IO in his report.
Full copies of the statement made by the prosecution witnesses during the preliminary inquiry should be supplied to the CE.
It is unjust and unfair to deny the CE copies of the statements of witnesses examined during investigation and produced at the inquiry in support of the charges leveled against him. A synopsis does not satisfy the requirements of giving the CE a reasonable opportunity of showing cause against the action proposed to be taken.
When a witness is being produced during the inquiry, his earlier statement cannot be denied to the CE on the ground that it is confidential or secret.
The IO cannot be a witness.
All evidence must be recorded in the presence of the CE.
The CE must be given full opportunity to cross-examine the witness appearing against him.
The CE is permitted to adduce evidence in his defence and is also allowed to examine himself, if he so desire.
The DA cannot be a witness.
Tape recorded evidence is admissible in departmental inquiry, but such evidence is not direct/primary evidence and should be used for the purpose of corroboration.
The IO should not cross-examine the witness.
The IO should not cross-examine the CE.
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,