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Audi Alteram Partem (Hear the other side) Principle of Prejudice & Doctrine of Bias
After the Chargesheet has been issued After the written statement of defence
Departmental Enquiry
The presiding officer, generally an officer , is known as Enquiry Officer or Inquiry Authority. While he is not a professional in conducting enquiries, he is expected to be unbiased. Oath taking is not necessary while conducting a departmental enquiry.
Departmental Enquiry
The EO/IA does not possess power to summon any witness for giving a deposition. We do not generally allow lawyers to be engaged in a Departmental Enquiry. However, if the Presenting Officer is a legally trained mind or where the case is a complicated one requiring expert handling, a lawyer may be engaged with the permission
Departmental Enquiry
In a departmental enquiry no members of public are allowed. The enquiry is a private affair, attended by only those having a direct relevance to the proceedings. In a departmental proceedings, the standard of proof is not very rigorous and the findings are made on the principle of preponderance of probability The EO/IA is a delegate of the Disciplinary Authority, and has no power to impose penalty. He is not even expected to suggest the type or quantum of penalty
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INQUIRY PROCESS
Issue of notice Holding of preliminary Inquiry Holding of regular Inquiry Examination of documents Adjournments Ex-party Inquiry Submission of oral/written brief
Examination of witnesses
Presenting Officer
Is an agent of the DA Has to present management case to establish charge Is junior to the IA Must have a proper and full briefing from DA Be given all documents, information & details of the case. He should be briefed adequately on controversial points
Presenting Officer
Be calm and composed & prepare carefully Meet the witnesses in advance, study all documents & decide which evidence is necessary Reconstruct each step of the case & study each incidence of misconduct attributed
Defence Representative
A DR should always keep a copy of the conduct rules and rules governing disciplinary proceedings. Have complete file of the case on hand for ready reference. Check charge sheet for inherent defects, contradictions etc. Ensure that the IA/EO is not biased Accompany CSP during inspection of documents, files etc.
Defence Representative
Be present throughout the period of enquiry. Get his legitimate objections recorded in the proceedings and raise objections when leading questions are put up by the PO. Cross examine the management witness properly, resist new evidence after the enquiry is closed. Ensure to get a copy of the written brief from the PO before submitting the CSPs written brief. Keep abreast with the laws relating to the issues involved and departmental enquiries.
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