Title: Punjab Government Circular letter No. 13/18/83-2PP/1153, dated 24-02-1984
1Punjab Government Circular letter No.
13/18/83-2PP/1153, dated 24-02-1984
- GUIDELINES FOR INQUIRY OFFICER, INTRUSTED
INQUIRIES UNDER PUNJAB CIVIL SERVICES (
Punishment Appeal) Rules 1970.
2General Principles
- 1. Inquiry officer has to conduct the proceedings
within the framework of Punjab Civil Services - (Punishment Appeal) Rules 1970.
- 2. He is also to follow instructions issued there
under from time to time. - 3. With the objectivity of approach and judicial
independence, he is to record his findings on
the basis of evidence adducted and to report
whether the charges against the delinquent
Government Employee are proved or not. - 4. He should be free from any bias and be
impartial. - 5. He should not condemn any body unheard and
should follow the rules of natural justice,
3- 6. The party should have given an opportunity to
produce all relevant evidence on which he
relies. - 7. The party should have given an opportunity of
cross examining the witnesses examined by the
other party. - 8. Evidence of opponents should be taken in his
presence. - 9. No material should be relied upon against the
delinquent Government Employee without his being
given an opportunity of explaining them.
410. It is not essential for the inquiry officer
to follow the provisions of Indian Evidence Act
for taking evidences, but rules of natural
justice be followed.
5PRELIMINAY STAGE
- 1. Before the commencement of the enquiry the
enquiry office should satisfy himself that he has
received - Orders of the competent authority appointing him
inquiry officer. - Copy of the articles of charges and the statement
of the imputations of misconduct or misbehaviour. - Copy of written statement of defence, if any,
submitted by the Government Employee to the
Government. - Copy of statement of witnesses, if any,
- Evidence proving the delivery of document (s) to
be delivered, to the Government Employee. - Copy of the orders appointing the Presenting
Officer - (If any of the above documents are not received
by him he should ask for those, to be supplied.)
6APPEARANCE
- Inquiry officer is required to send a written
notice specifying day and time of appearance
before him, to the Government employee, within 10
working days of receipt of article of charges
and the statement of imputations of misconduct
and misbehaviour by the Government Employee or
within further time not exceeding 10 days may be
allowed by the inquiry officer.
7RECORDING OF PLEA - 8(9)8(10)
- 1. On appearance of the Government employee the
enquiry office should ask him, if the Government
employee has not already admitted any the
articles of charge in his written statement, or
has not submitted any written statement. If he
pleads guilty, enquiry officer should record the
same and get signature of the Government employee
and return the findings of guilt in respect of
those articles of charges to which the
Government Employee has pleaded guilty.
8Failure/Refusal/Omission to Plead.8(11)
- In case the Government employee fails/refuses or
does not appear before him he shall - Order the presenting officer to produce the
evidence by which he proposes to prove the
article of charge. - Adjourn the case to next date not exceeding
thirty days for presenting officer to produce
evidences.
9- Record and order that Government Employee may for
preparing his defence - Inspect within five days of the order or within
such further time which should not exceed five
days, as the enquiry officer may allow, the
following documents - The substance of imputations of misconduct or
misbehaviour in to definite and distinct articles
of charge - Statement of imputations of misconduct or
misbehaviour in support of each article of charge
which shall contain - A statement of all relevant facts including any
admission or confession made by the Government
employee. - A List of documents by which and a list of
witnesses by whom, the article of charges is are
proposed to sustain. - Submit the list of witness to be examined on
behalf of Government employee - Give notice for discovery or production of
document which is in possession of Government but
not mentioned in (a) above. This notice is to be
given by the Government Employee with in ten days
of the order of the enquiry officer or within
such further period of time not exceeding 10 days
as may be allowed by the enquiry officer.
10DISCOVERY/PRODUCTION OF RECORD SUPPLY OF COPIES
OF DOCUMENTS
- If the Government employee applies for the
discovery or production of record by the
Government in his defence, the request shall be
granted. - The enquiry officer shall ensure that documents
sought are relevant for the purpose of enquiry. - The Government employee is required to indicate
the relevance of the documents required by him. - Inquiry officer can decline any such request for
the reasons to be recorded by him in writing.
11- The enquiry officer then place the requisition
along with the notice or copy thereof with the
authority in whose custody/possession the
documents are kept. He will mention the date for
production of record in the requisition. - No request form the Government employee shall be
granted by the enquiry officer for the supply of
copies of listed documents except copies of
statements, if any, of the witnesses to be
produced during enquiry. - If the delinquent Govt. Employee, applies orally
or in writing for supply of copies of statement
of witnesses examined during preliminary enquiry
or investigation, then copies of those statements
of witnesses are to be supplied on which reliance
is proposed to be made by the punishing
authority. - These copies shall not be supplied later than
three days before the commencement of the
examination of witnesses on behalf of punishing
authority. - If due to certain reasons it is not possible to
furnish the Government Employee with those
copies, the enquiry officer should allow him to
make copies for himself. - (Note 8(11) letter No. 5746 SII(3) 72 dated
16.10.1972.)
12RECORDING OF EVIDENCE8(15) TO 8(18)
- Proceedings shall be conducted in the presence of
the delinquent Government Employee unless held
ex parte. Day to day proceedings shall be held as
for as possible and long adjournments should be
avoided. - Statement of witness shall normally be recorded
in narrative and not in question and answer form.
But if it appears to the enquiry officer that
witness is concealing the truth, answers may be
elicited by putting a specific question and
recording his answer.
13- Firstly all oral and documentary evidence on
behalf of punishing authority shall be allowed to
be produced. - During recording of evidences, such questions to
the witnesses as are irrelevant, or malicious or
scandlous or mischievous in nature, should be
disallowed. - Enquiry officer, may, however, put such questions
to the witness at any time to bring out the truth
to clear any doubt in statement. - The presenting officer is entitled to re-examine
the witness on any point on which they have been
cross examined, but for re-examine of any new
question permission of inquiry officer is
necessary.
14- New evidence may be permitted by the enquiry
officer before the close of the case on behalf of
punishing authority or Government Employee. If
in his opinion it is necessary and in the
interest of justice and not with a view to
filling up gaps in evidence. The enquiry officer
may himself call for new evidence or recall or
re-examine any witness. - On demand, the enquiry officer shall supply to
the Government Employee, the copy of list of
further evidence proposed to be produced and an
adjournment of inquiry for three clear days
before the production of new evidence, excluding
the days on which and to which the case if
adjourned.
15- The enquiry officer shall also give the
Government Employee an opportunity to inspecting
such documents before they are taken on record. - If the delinquent Government Employee raises some
objections or issues which call for decision, the
enquiry officer, after giving notice to the
presenting officer, may decide the same by
writing or speaking order. The case shall, under
no circumstances be remitted to the punishing
authority nor shall it be adjourned pending
decision of the punishing authority.
16- When the case of the punishing authority is
closed, the Government Employee, shall be
required to state his defence orally or in
writing. The oral evidence shall be recorded by
the inquiry officer and signatures of Government
Employee obtained thereon. A copy of statement
of defence shall be given to the presenting
officer. - Production of evidence and witnesses by the
Government employee, their examination,
cross-examination, re-examination, and
examination by the enquiry officer, has to be
according to the provisions applicable to the
witnesses for the punishing authority.
17- After the close of the case by the delinquent
Government Employee, He shall be examined and all
circumstances appearing against him in evidence
may be put to him with a view to affording him an
opportunity to explain the circumstances
appearing against him. - It will be appropriate to ask the Government
Employee as to why the witnesses on behalf of the
punishing authority are deposing against him. - In case a Government employee chooses he may be
examined on his own behalf like other witnesses
and his testimony so recorded, shall be appraised
as any other piece of evidence brought on the
record.
18- After the completion of evidence by both the
parties, the inquiry officer may hear the
presenting officer, and the delinquent Government
Employee as the inquiry officer may permit them.
If they so desire, to file written brief of their
respective cases.
19Engaging a legal practitioner.8(8)
- A Government employee is permitted to take the
assistance of another Government Employee or a
retired Government employee to present his case. - The enquiry officer should not permit him to
engage a legal practitioner unless the presenting
officer is a legal practitioner. - Punishing authority may permit the Government
Employee to engage a legal practitioner.
20Ex-parte Proceedings 8 (20)
- The inquiry officer may hold the inquiry ex-parte
if - 1. If the delinquent Government Employee does
not submit the written statement of defence by
the due date or - 2. Does not appear in person before the inquiry
officer. - 3. fails to comply with the provisions of Rule 8
of the Punjab Civil Service (Punishment
Appeal) Rules 1970.
21- Important
- The inquiry officer should consider the grounds
of absence of the Government employee from the
disciplinary proceedings on their merits and take
decision whether to condone the absence or not. - However, if there is persistent default on the
part of the Government Employee and the inquiry
officer is of the opinion that Government
Employee is adopting dilatory tactics. He may
take exparte decision. - If during the course of exparte proceedings, the
delinquent Government Employee appears before the
inquiry officer, he should be allowed to join the
proceedings at that stage but proceedings shall
not be held de-novo.
22Change of inquiry officer 8(22)
- In the event of Change of inquiry officer
- a) The successor officer may act on the
evidence recorded by his predecessor or
partly recorded by his predecessor and partly
by himself. - b) But if in the opinion of the succeeding
inquiry officer it is necessary in the
interest of justice to further examine any
witness whose evidence has already been
recorded by his predecessor, he may call,
examine, cross-examine and re-examine such
witness.
23Mode of service of notice/orders
- The order or notice under the rules is to be
served in person on the delinquent Government
Employee or communicated to him by a registered
post. - If, however, in any case serving of notice,
orders etc., in person or by a registered post is
not possible, .e.g., whereabouts of the employee
are not known, or employee has proceeded abroad,
the same should be published in a daily
newspaper.
24Compelling attendance of witness production of
documents in exceptional circumstances.(Pb.
Govt. letter No. 6888-G-55/16442, dated 15th
June, 1955)
- The inquiry officer is legally competent to
exercise the powers as are exercisable by a
commission appointed for enquiry under Public
Servant (Inquiries) Act., 1850. - He can summon the witness can compel the
production of documents. - A person disobeying a process issued in this
behalf, is liable to same penalty as if the
process issued by court has been disobeyed. - The inquiry officer, derive these powers under
Punjab Departmental Enquiries (Powers) Act., 1955.
25- The Presenting officer or the delinquent Govt.,
employee may be allowed to produce his witness. - A witness could be summoned for evidence or
producing of documents. - Where there is disobedience to the process issued
by the inquiry officer, a notice may be sent to
the witness through the District Judge in whose
jurisdiction the witness reside. - These summons should be in the forms as per
annexure A, B, C as under
26Annexure ASummons to Witness
- Section 2 of the Punjab Departmental Inquiries
(Powers) Act, 1955 read with Section 8 of Punjab
Servants (Inquiries) Act, 1850 Act No. 37 of
1850 - Departmental inquiry being held in relation to
Sh./ Smt /.Kumari.. Designation.
Working in the ( Name of the Department
/ Office. - To
- ______________ ( Name and address of the
witness) - ______________
- Whereas your attendance is required to give the
evidence / produce document -----------on behalf
of (Name of defendant/ Department
Concerned). .in the above Departmental
enquiry, you are hereby required ( personally) to
appear before this Inquiring Authority on the
___day of _____(Name of month) 19.. at . O
Clock in the forenoon/afternoon and to bring
with you ( or to send to the Inquiring
Authority( Description of documents
required.) -
- If you fail to comply with this order without
lawful excuse, you will be subject to the
consequences of non-attendance laid down in
Section 9 of Public Servants (Inquiries) Act.,
1850. Inter alia entailing you prosecution
under Section 174 on Indian Penal Code. - Given under my hand and the seal of this
Inquiring Authority this day of _____ (Name of
the month)_____200__ -
- Inquiring Authority.
27Annexure BRequest for Transmission of Summons
to be Served on a Witness in a Departmental
Inquiry
- Section 2 of the Punjab Departmental Inquiries
(Powers) Act, 1955 read with Section 8 of Punjab
Servants (Inquiries) Act, 1850 Act No. 37 of
1850 -
- To
- ______________( Name and address of the
District Judge ______________
concerned) -
- Under the provisions of Section 2d of Punjab
Departmental Inquiries (Powers) Act., 1955, read
with Section 8 of the Public Servants Inquiries
Act, 1850 ( Act No. 37 of 1850, a summon in
duplicate is herewith forwarded for service on
the witness _______ (Name) __________(address).
You are requested to cause a copy the said
summons to be served upon the said witness and
return the original to this Inquiry Authority,
signed by the said witness, with a statement of
service endorsed thereon by you. - Inquiring Authority.
28Annexure CForm for Summoning Public Servant as
a Witness
- No. ____________
- Office of the .
- Punjab, Chandigarh.
- (Place of Issue), Dated.
- To
- ___________
- ___________
- I am appointed as the Inquiry Authority for
holding an inquiry against Shri / Smt./ Kumari
__________ . I request you to appear before me on
______at _________( time and place ) - Your presence for the above purpose may be
treated in terms of the Punjab Departmental
Inquiries (Powers) Act., 1955. - Inquiring Authority
- Copy to ___________ with the request to permit
the official mentioned above to attend the
enquiry on due date. - Inquiring Authority
29- The recourse of mode mentioned above, may be had
only in exceptional circumstances. - And shall not be resorted to in summoning
Government employee of documents in custody of
the Government as the same can be obtained
otherwise.
30Standard of ProofLetter No. (GOI)2S-II-75/35048,
dated 4th/8th September, 1975
- Standard of proof in the case of domestic
enquiries is not as strict as is in criminal
cases, i.e. beyond all reasonable doubt. - The findings in a departmental enquiry are to be
based on the preponderance of probabilities as in
civil cases. - From the facts on the record, all inferences may
be drawn which any rational and prudent person
normally do.
31Recording of Reports 8(23)
- After the conclusion of the enquiry the enquiry
officer shall prepare a report. The findings
should be based strictly on evidence adduced
during the course of enquiry. - The reasons for accepting or rejecting any plea
or contention or any evidence should be clearly
stated. - No material from personal knowledge or other
extraneous consideration should be imported,
while giving the findings. But judicial notice
of law in force and relevant Codal provisions may
be taken. - If the evidence on record establishes a charge
different from the original charge, the inquiry
officer may write his findings thereon also.
32- The findings shall not be recorded on any article
of charge different from the original articles of
charge unless the Government Employee has either
admitted the facts on which such article of
charge is based or has had a reasonable
opportunity of defending himself against such
article of charge. - The Principles of natural justice, equity and
fair play should be kept in mind by the inquiry
officer while preparing reports. - The Inquiry Officer shall, under no
circumstances, propose the penalty which may be
imposed, in his report.
33- The report shall contain
- A brief introduction leading to the enquiry.
- A gist of charges.
- Summary of evidence of both the sides with regard
to each article of charge. - Summary of defence of the delinquent Government
employee in respect of each article of charge. - Reasons for acceptance and rejection, in whole or
in part, of the evidence of either party. - The conclusions arrived at with reference to each
article of charge. - Even when exparte proceedings are taken, the
Inquiry Officer shall record the evidence and
write report.