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VK Ridhima PGDM Batch Final Year ISBR College

Enquiry held under and in accordance with (i) Any law made by parliament or any rule made there under; or (ii) Any rule made under the provision to Article 309 or continued under Article 313 of the Constitution of India into any allegation of lack of integrity against any person to whom this Act applies;

Enquires must conform with certain standards.

Principles of Natural Justice - essence of a quasi Judicial function.


Accused person be given a fair and reasonable opportunity to defend himself, e.g. notice of the case, supply of copy of enquiry, being heard in his defence, assistance from coworkers.

Bias of any sort should not exist, e.g. without vindictiveness, analytical appreciation of evidences, Enquiry Officer should not go by own knowledge, should not consider extraneous and subsequent events, refusal of demands of delinquent.

Suspension of employee Pay subsistence allowance as in certified standing orders Provide copy of charges and statement of allegations as requested through a statement Ten days for receipt and defence and in case extension sought can be granted Enquiry to be held - failure to submit explanation or if found unsatisfactory Full particulars of names of the enquiry officer, date, time and venue of the enquiry proceedings etc. Notice served at least seven days ahead of the date of enquiry and whether he wants personal hearing and also whether he wants any documentary evidence to be produced in his defence.

Accused

person can furnish his documents along with the written statement at any stage before the final orders are passed. Oral evidence may be recorded read over and, if necessary explained to him. Expenses of witnesses in support of the charge borne by the Administration the expenses of witnesses called by person charged shall be borne by him and if exonerated, by Administration. After completing the enquiry further opportunity of making a written or oral statement. Every order imposing a penalty/punishment on an employee should be communicated to him in writing by way of final punishment orders.

Person charged is a temporary employee Person charged admits the charges Conviction of the person charged in the Criminal Court Person charged has absconded, or impracticable to communicate with him Without prejudice to the provisions employee who is found to be guilty is liable to any of the punishment as indicated in the standing orders according to the gravity of the case also taking into account past record.

Charged employee given full opportunity to defend himself against the charge/s , cross examine witness/es without the presence of other witness/es and exhibit and mark any documents in his favour and also can inspect the document/s given to him and same applies to presenting officer on his part. Liberty to include any other witness/es or document/s considered relevant at any stage with due notice to enquiry officer.

Re-examine of witness/es on any points can be done by both.


The enquiry officer can also put any questions to the witness/es of the charged employee, the defence assistant and the presenting officer at any stage. Enquiry officer can examine other witness/es for his satisfaction in the same manner as point 1 above, with opportunity to person charged /the presenting officer.

All the documents produced during the enquiry and for inspection by the charged employee and the presenting officer must be in original. Enquiry officer may waive the same with reasons and admit photocopies. The enquiry officer can disallow a question if irrelevant during the enquiry. Person charged fails to attend the enquiry at any stage planned sittings of the enquiry refuses to take part in the enquiry at any stage, the enquiry can be proceeded with ex-parte and accused may be intimated. After the completion of production of all the evidences the enquiry comes to an end.

After completion of enquiry the charged employee and the presenting officer may file written brief/statement within time limit. First by the presenting officer to submit his written brief/statement to the enquiry officer under copy to the charged employee first. After receipt the charged employee, may follow suit.