Departmental enquiry in hindi
Guest
(Querist) 31 May 2012
This query is : Resolved
Sir,
In central government departmental enquiry, the disciplinary authority has the power to enquire the case himself or can appoint any officer who are working under him. But my question is.... suppose i(Not know the language of HINDI) has been appointed as Enquiry Officer/Presenting Officer by the disciplinary authority. But the charged official wants enquiry in HINDI and also demands all correspondence in enquiry should be in HINDI.
In this situation, i informed & returned the case file to disciplinary authority in written that i DO NOT KNOW HINDI for writing& reading. I can speak only the HINDI . But the disciplinary authority ordered that the enquiry to be conducted in any way with engaging any HINDI known person for writing. Other wise punishments will be awarded for me.
Is any rule for giving such punishments to me for not knowing HINDI for conduct the departmental enquiry .?
And the disciplinary authority warns me that you are responsible and have to go to court in case the charged official file the case in court against the departmental enquiry.
Any rule for this last para..?
Sudhir Kumar, Advocate
(Expert) 31 May 2012
You have not stated the designation of the charged officer.
None can be punished for not knowing Hindi. He can be rewarded for knowing Hindi.
None can be punished for any misconduct without any procedure. In that case they feel you are committing misconduct then have to give you a chargesheet and follow procedure.
Role of Inquiry officer is quasi-judicial and it is not sufficient if a Hindi knowing person types/write the proceedings. He has to write/type what the IO decides.
Inquiry Officer is not required to go to the court if the charged officer files a case. It is the Disciplinary authority who is the respondent.
The Disciplinary Authority's behaviour as described by you if unprofessional.
It is clear that the person sitting on the chair of disciplinary authority as novice as you are. He has not understood the game played by charged officer and is walking into the trap laid by charged officer. If you conduct inquiry in English he has advantage as his request is not met and the case fails. If you conduct Inquiry in Hind then you lack of knowledge will be to his advantage as you will not be able to clearly spell your decisions and will depend on some Hindi knowing person and act practically like an illiterate persons.
It is apparent that someone intelligent person in the secretarial staff of Establishment appears to be in connivance with charged officer. He has managed that a non-Hindi knowing officer is compelled to hold Inqiury and behind the back advised charged officer to insist proceedings on Hindi and on upfront he is manipulating the IO is not changed. I think so because of long experience in disciplinary proceedings.
You can discuss with the Disciplinary Authority discreetly (if necessary show print out of this blog). If he is still adamant then take note the disciplinary authority (other than minister) himself is also Govt servant and bound by CCS(Conduct) Rules and bound to act as per Rule 3(2) to act as per best of wisdom and is also not supposed to be in connivance with the charged officer to tolerate his subordinate being so. You will be at liberty to submit a complaint to the CVC as this appears to be a case of harassment of a Govt officer not willing to conduct a name sake ultravirus inquiry.
Shonee Kapoor
(Expert) 02 June 2012
I concur with Ld. Sudhir Kumar.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 02 June 2012
As a Central Government Officer, while you are supposed to have adequate knowledge of reading & writing in Hindi, as an I.O., you are also obliged to adhere the direction of the Disciplinary Authority to conduct the inquiry in Hindi (not in English).
You should be aware of the fact that the inquiry should be fare, transparent and in an easy to understand language for the charged official also, so that he may not have any chance to complain that you have conducted the inquiry in a manner and language, which he could not understand.
Sudhir Kumar, Advocate
(Expert) 04 June 2012
Technically speaking any employee having read hindi till matric level is recorded as a "person with working knowledge of hindi", in the official language returns.
But the reality is that only some employees can work well in hindi. This person appears to have been caught in web and vitimised.
