Punjab Government Circular letter No. 13/18/83-2PP/1153, dated 24-02-1984

1
Punjab 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.

2
General 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.

4
10. 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.
5
PRELIMINAY 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.)

6
APPEARANCE

• 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.

7
RECORDING 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.

8
Failure/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.

10
DISCOVERY/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.)

12
RECORDING OF EVIDENCE8(15) TO 8(18)

1. 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.
2. 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

1. Firstly all oral and documentary evidence on
   behalf of punishing authority shall be allowed to
   be produced.
2. During recording of evidences, such questions to
   the witnesses as are irrelevant, or malicious or
   scandlous or mischievous in nature, should be
   disallowed.
3. Enquiry officer, may, however, put such questions
   to the witness at any time to bring out the truth
   to clear any doubt in statement.
4. 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

1. 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.
2. 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

1. 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.
2. 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

1. 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.
2. It will be appropriate to ask the Government
   Employee as to why the witnesses on behalf of the
   punishing authority are deposing against him.
3. 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.

19
Engaging a legal practitioner.8(8)

1. A Government employee is permitted to take the
   assistance of another Government Employee or a
   retired Government employee to present his case.
2. The enquiry officer should not permit him to
   engage a legal practitioner unless the presenting
   officer is a legal practitioner.
3. Punishing authority may permit the Government
   Employee to engage a legal practitioner.

20
Ex-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.

22
Change 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.

23
Mode 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.

24
Compelling 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

26
Annexure 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.

27
Annexure 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.

28
Annexure 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.

30
Standard 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.

31
Recording of Reports 8(23)

1. 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.
2. The reasons for accepting or rejecting any plea
   or contention or any evidence should be clearly
   stated.
3. 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.
4. If the evidence on record establishes a charge
   different from the original charge, the inquiry
   officer may write his findings thereon also.

32

1. 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.
2. The Principles of natural justice, equity and
   fair play should be kept in mind by the inquiry
   officer while preparing reports.
3. 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.