Admissions not made specifically in reply to a charge sheet cannot be a basis for imposing a punishment unless a formal inquiry is held.
Admitting a fact here and there does not constitute admission of guilt.
Where the facts constituting the charge are admitted in a clear and unambiguous manner, it amounts admission to a plea of guilt.
Where the facts constituting the charges are admitted, it is not necessary to hold an inquiry.
The IO must not have any personal interest in the case.
The IO must be impartial and have an open mind.
If an inquiry has been held by an IO who is biased or who has adopted a procedure contrary to the principles of natural justice, the ultimate decision based on his report of inquiry is liable to be quashed.
A person who held the preliminary inquiry is eligible to hold regular inquiry, if he has not pre-judged the issues.
A person who held the preliminary inquiry and where he expresses his definite opinion holding the CE to be guilty, he will be disqualified to be appointed as IO.
Objection to the appointment of any particular IO on the grounds of bias should be taken at the earliest opportunity.
With best wishes,
Keshav Ram Singhal
Abbreviation
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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