Denovo enquiry
Lal T V
(Querist) 25 October 2013
This query is : Resolved
In a deparmental disciplinary action case,in Kerala State Electricity Board, One Inquiry officer and Presenting officer were posted to inquire allegations against 5 trade Union activists(Employees)who conducted GHERAO of an Officer. As both of these officers were supporters of the trade union,they completed the inquiry, even without hearing the Complainant or his witness. As the enquiry report was found absolutely biased and incomplete the Disciplinary Authority rejected the Report and posted another enquiry with the same charge sheet.
1. Was it correct to reject the report of the First Inqiry Officer?
2.Can a re- enquiry is legal?
3.Whether the actions of the First Inquiry officers can be treated as Misconduct of Govt Servants?
Sudhir Kumar, Advocate
(Expert) 25 October 2013
1. Was it correct to reject the report of the First Inquiry Officer?
Ans : Generally disciplinary authority has the power to disagree with the report by recording reasons and seeking comments of the accused on such reasons. In this case as you described the IO has not conducted the Inquiry the Disciplinary Authority has decided to remand back the case. Since as described by you the IO was biased in favour of the accused then there is no wrong in appointing another IO.
2.Can a re- enquiry is legal?
Ans : In the given circumstances apparently yes.
3.Whether the actions of the First Inquiry officers can be treated as Misconduct of Govt Servants?
Ans : yes.
While acting as IO one does not cease to be Government Servant. He is not expected to give findings as directed by the Disciplinary Authority but his finding be based on procedure and evidence and he is not expected to shut the evidence. As he did not even hear the complainant.
A Govt servant is expected to act in best of discretion and as facts given by you indicate he has perhaps acted in biased manner and perhaps not even followed the procedure.
This is a clear misconduct
Rajendra K Goyal
(Expert) 25 October 2013
Well advised by the experts nothing more to add.
Raj Kumar Makkad
(Expert) 28 October 2013
Rightly advised by sudhir hence no more to add.
