Law of Services---departmental Enquiry
Law of services
Departmental enquiry
When a public servant or a servant gives his written reply against the charge sheet, that reply is considered by the competent authority and if the reply is found satisfactory and there remains nothing more to be probed into, the charge sheet is cancelled and the employee is exonerated. If the competent authority is not satisfied with the written reply against the charge sheet, it shall appoint an enquiry officer and shall ask him to give proper opportunity of hearing to the delinquent, record evidence and give his report establishing the guilt of the delinquent or exonerating him. So this enquiry is like Court case and therefore, the employee must be careful in handling this enquiry proceeding. He must see that his file is complete and if not complete, he must get all the papers which are required and then he must appoint an Defense Assistant and some cases which complicated, he must try to appoint a practicing lawyer for his defence.
The delinquent must know that the case shall go before the enquiry officer like one in criminal court. The prosecution side shall proceed first and they shall be examining all their witnesses, they shall be exhibiting all the documents on which they rely and all their witnesses shall be subjected to cross examination by the delinquent or his defence assistant. After completing his evidence, the prosecution side shall close their evidence and then the defence side shall be given opportunity to lead his evidence. The delinquent must see that all his defence witnesses are produced and they are also subjected to cross examination and he must see that all the documents on which he relies must be produced on file and must be exhibited.
after the close of evidence from both the sides, the prosecution shall submit their written briefs(written arguments) and then the defence side shall be submitting their own written briefs opposing the written briefs from the side of prosecution.
The enquiry officer shall submit his report and then the competent authority shall be submitting a copy of the report to the delinquent to file his objections, if any, and then the competent authority shall be giving personal hearing to the delinquent and then the competent authority shall be passing order of his exoneration or holding him guilty and then he shall pass order of punishment against him.
Therefore, this departmental enquiry is the most important part in disciplinary proceedings, and the employee must be cautious and vigilant that his whole case of defence is before the enquiry officer. He must take defence assistance from competent people and must try to establish that he is innocent. This enquiry report is final and in very rare cases such a report could be questioned in Courts.
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Related Tags: departmental enquiry is like trial in a court
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