Points to be kept in mind while preparing the Inquiry Report-
1. A Departmental
inquiry is not a criminal trial. The
Inquiry officer is exercising the quasi-judicial function. His orders must show
on the face of it the reasons for the conclusion.
2. The slandered of proof applicable to criminal trials need not be applied for Departmental inquiry
3. Each finding must be on reasoned base.
4. There
should be an application of mind and a correlation between the evidence and the
conclusion reached.
5 The
finding must be confined to the Article of Charges mentioned in the Charge sheet
issued to the employee, i.e. without linking his active working in the office, cash
awards received in the previous year or punishment imposed on him earlier, etc.
6. The
inquiry officer must not consult or take instructions from any person.He must
arrive at his finding based on his judgment.
7. The inquiry officer shall maintain a daily order sheet containing the record of daily happening and steps taken during the proceedings.
9. Proceedings should be precisely and carefully worded to convey the correct meaning.
10. The
findings on each charge or article proved and reason for finding shall be mentioned
clearly. The findings or conclusion
should not be vague. His proper evaluation will help the Disciplinary Authority
to take a fair decision. Since the final powers are with Disciplinary
Authority.
11. Disciplinary
Authority may agree or disagree with the findings of the Inquiry Officer. In
case of disagreement, a Memorandum of Disagreement will have to be issued by
the Disciplinary Authority and placed as an enclosure to the inquiry report.
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