Departmental inquiry - regarding.
sakthi
(Querist) 11 August 2015
This query is : Resolved
I am a Central Government Servant governed by CCS (Conduct) Rules. I am facing both Criminal Case filed by CBI and Departmental Inquiry. All the original documents relied in the Departmental Inquiry are now with the court custody. The Investigation Officer of CBI has attested the photo copies of the documents and forwarded to the Department with an instruction to initiate Regular Departmental Action. The same Investigation Officer of CBI has been cited as a witness in the Departmental Inquiry by the Department. In the above circumstances, please clarify whether a witness himself can attest the documents (he is not author of the documents eg. bills of a particular shop) and mark as an evidence by himself in the Departmental Inquiry. Since he is the Investigation Officer who has filed the criminal case in the Court, can his witness be treated as biased and cause prejudice to the delinquent employee? Thanks in anticipation.
Guest
(Expert) 12 August 2015
What is the present status of the cases in the CBI Court and the departmental inquiry?
Rajendra K Goyal
(Expert) 12 August 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Prevention-of-corruption-act-548346.asp#.Vcre63Gqqko
malipeddi jaggarao
(Expert) 12 August 2015
@Expert Sri Rajendra K Goyal - Though author and issue is the same, the query on different aspect. Hence I choose to reply.
When CBI ceases the original documents its authorised official will attest the xerox copies which are to be treated as originals in the departmental inquiry.
Regarding Investigation report given by that CBI official might have been marked as Management exhibit. He needs to authenticate the contents of the report hence it is in order to make a witness in the departmental enquiry, though he attested the xerox copies.
Guest
(Expert) 12 August 2015
Nicely and Well Advised by Mr.Malipeddi Jaggarao
P. Venu
(Expert) 12 August 2015
Institution of Disciplinary proceedings under Rule 14 of the CCS(CCA) Rules is a quasi-judicial proceedings. Initiation proceedings could only be made by the Disciplinary Authority duly applying his mind as manifested by a reasoned order in the file. If the proceedings had been initiated because of the instructions of the CBI officer, the proceedings are non est - it is bad in law and legally non-existent.
sakthi
(Querist) 12 August 2015
Thank you very much sir(s). Much obliged for your clarifications. Once again thank You.
Regarding the query by Expert
Shri PS Dhingra, I am to clarify that the CBI case is pending for trial and cross examination of the witnesses is going on. Regarding the Departmental Inquiry, the Inquiry Officer has issued summons to all the witnesses including the CBI Investigation Officer for deposition. No written statement was made in respect of the all the witnesses in respect of Departmental Inquiry.
Guest
(Expert) 12 August 2015
Dear Sakthi,
Both the CBI case in the CBI court and the departmental inquiry are two different entities. While the CBI case is aimed at investigation/ trial on criminal angle, the departmental inquiry is made on the administrative angle as destined to look in to the violation of prescribed departmental conduct rules on the part of the employee.
Where the documents attached with the CBI case are the same documents for the departmental inquiry purpose, copies of those, if attested by the court or the investigating officer of the CBI, irrespective of his being a witness, are treated as valid for the purpose of departmental inquiry.
There is nothing wrong if the same investigating officer of the CBI has been made as departmental witness. Rather, you will get the chance to grill him through your defence assistant to prove him wrong. That may even help you to some extent in the court case also.
If the disciplinary case has been initiated at instruction of the CBI that may help you challenge the case that the Disciplinary Authority has unduly been influenced by the CBI, provided you have sufficient proof to the fact.
Witness of CBI investigating officer cannot be treated as biased or prejudiced unles that is sufficiently proved so during the inquiry proceedings. If that happens, that may again help in the court case to some extent.
However, you are free to requisition the pre-recorded statements of the witnesses. If no pre-recorded statements are there, that should be tried to be proved that they are unconcerned withneses and have been purposely tutored to give evidence against you during the inquiry proceedings.
Dr J C Vashista
(Expert) 13 August 2015
Very well advised by experts, I fully agree with them and would like to add to that the CBI Officer has no role/authority to instruct the department whether to inquire the case or not even when the case (criminal) is pending before competent court inquiring on the charges under the provision of IPC/PC Act.
In case IO (CBI) has been summoned witness in departmental inquiry, grill him properly, it is a great opportunity, encash it, as advised by Sh. Dhingra ji.
sakthi
(Querist) 13 August 2015
I am much obliged to the Respected Experts for their very valuable clarifications nd suggestions. Thank you very much sir(s).
T. Kalaiselvan, Advocate
(Expert) 18 August 2015
