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Punjab Government Circular letter No PP dated

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					    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.
               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,
 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.
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.
                 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.)
            APPEARANCE
 Inquiryofficer 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.
   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.
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.
    Record and order that Government Employee may for
     preparing his defence:
    (a) 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:
        i)    The substance of imputations of misconduct or misbehaviour in to
              definite and distinct articles of charge
        ii)   Statement of imputations of misconduct or misbehaviour in support of
              each article of charge which shall contain
              1. A statement of all relevant facts including any admission or
                   confession made by the Government employee.
              2. A List of documents by which and a list of witnesses by whom,
                   the article of charges is are proposed to sustain.
    (b) Submit the list of witness to be examined on behalf of
        Government employee;
    (c) 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.
      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.
   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.)
         RECORDING OF EVIDENCE
             8(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.
3.   Firstly all oral and documentary evidence on behalf
     of punishing authority shall be allowed to be
     produced.
4.   During recording of evidences, such questions to the
     witnesses as are irrelevant, or malicious or scandlous
     or mischievous in nature, should be disallowed.
5.   Enquiry officer, may, however, put such questions to
     the witness at any time to bring out the truth to
     clear any doubt in statement.
6.   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.
7.   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.
8.   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.
9.    The enquiry officer shall also give the
      Government Employee an opportunity to
      inspecting such documents before they are
      taken on record.
10.   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.
11.   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.
12.   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.
13. 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.
14. It will be appropriate to ask the Government
    Employee as to why the witnesses on behalf of the
    punishing authority are deposing against him.
15. 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.
16. Afterthe 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.
     Engaging a legal practitioner.8(8)
a)    A Government employee is permitted to take
      the assistance of another Government
      Employee or a retired Government employee
      to present his case.
b)    The enquiry officer should not permit him to
      engage a legal practitioner unless the
      presenting officer is a legal practitioner.
c)    Punishing authority may permit the
      Government Employee to engage a legal
      practitioner.
        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.
 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.
       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.
  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.
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.
 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
                                         Annexure „A‟
                                      Summons 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.
                             Annexure ‘B’
     Request 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.
                         Annexure ‘C’
             Form 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
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.
                Standard of Proof
     Letter 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.
          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.
5.   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.
6.   The Principles of natural justice, equity and
     fair play should be kept in mind by the inquiry
     officer while preparing reports.
7.   The Inquiry Officer shall, under no
     circumstances, propose the penalty which
     may be imposed, in his report.
8.   The report shall contain:
      1. A brief introduction leading to the enquiry.
      2. A gist of charges.
      3. Summary of evidence of both the sides with regard to
         each article of charge.
      4. Summary of defence of the delinquent Government
         employee in respect of each article of charge.
      5. Reasons for acceptance and rejection, in whole or in
         part, of the evidence of either party.
      6. The conclusions arrived at with reference to each article
         of charge.
9.   Even when exparte proceedings are taken,
     the Inquiry Officer shall record the evidence
     and write report.
 Enquiries against the employees of Corporation
                    of Boards
      Punjab Govt. Letter No. 12/5/79-6PP/10726, dated 31st August, 1981.

 As far as possible the enquiries against employees of
  Public Undertakings should be done by the Officers of
  the concerned Corporation/Board.
 Where in exceptional circumstances it is necessary to
  entrust enquiry to an officer of State Government the
  Chief Secretary, in IAS or PCS Branches or in
  Establishment-I Branch should be consulted, with
  regard to appointment of an officer. The enquiry would
  be entrusted to the officer so nominated by the Chief
  Secretary.
 While placing the requisition for appointment of Inquiry
  Officer, the quantum of honorarium admissible should
  be indicated.
 No   requisition for the appointment of an Inquiry
  Officer, by name should be entertained as
  acceptance thereof could vitiate the entire
  proceedings and violate principles of natural
  justice.
 In no case Inquiry or other work involving
  payment of remuneration should be entrusted
  by any public undertaking to any officer of the
  Government without prior permission of the
  authority competent to grant such permission.
 No officer of State Government should accept
  such additional work without the prior approval
  of the competent authority. Any officer doing so
  will render himself liable to disciplinary action
  under conduct rules.

				
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