Criminal case pending and departmental inquiry
mala
(Querist) 14 March 2012
This query is : Resolved
When a criminal case is pending the department has initiated an inquiry. Witnesses are almost same.
Prekliminary departmental inquiry held but no statement was obtained from the deliuent official
Chargesheet given to deliquents . Inquiry started. Charges levelled do not contain any date time particulars etc. simply said you have obtained information from own sources and showed to the omplainant Visited other sections no time date month or partiuculars
Can this Chargesheet be challenged
Presenting officer on behalf of the depart is a legal expert can the deliquent ask for legal assistance
Deepak Nair
(Expert) 14 March 2012
> Yes. chargesheet can be challenged.
> Yes. the delinquent can get legal assistance.
Guest
(Expert) 14 March 2012
Dear Mala,
In preliminary hearing stage of a departmental inquiry, only formality of confirmation about receipt of charge sheet and understanding the charge by the Charged Official, etc. is taken up. Besides, the listed documents, if any, are caused to be delivered by the P.O. to the charged official, provided he the P.O. has already received the same from the vigilance/ Disciplinary Authority.
If no date, time and other particulars are there in the charge sheet that means the disciplinary authority has no clue about the offence. So, why do you want to challenge the charge sheet in the court of law and make them alert of the lacunae to be ready to scuttle down your defence strategy. Since the prosecution is bound to prove the charge beyond doubt, your defence assistant would be free to cross-examine the witnesses on such issues and can prove the charge as false. BUT STILL, if you want to challenge the same, you can do so.
About the P.O. being legal expert, question is not about being a legal expert, if he is an employee of your department, like you. He must not be a practising lawyer. If he is a practising lawyer, you would also be allowed to hire a lawyer to defend your case during the departmental inquiry proceddings.
Shonee Kapoor
(Expert) 14 March 2012
I agree with detailed reply of Mr. Dhingra.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
venkatesh Rao
(Expert) 14 March 2012
Preliminary inquiry can be held exparte; i.e. in the absence of the delinquent. If it is to be used in regular inquiry , the delinquent official must be given a copy of PI report.
Ajay Bansal
(Expert) 15 March 2012
Agreed with Dhingra.
Sudhir Kumar, Advocate
(Expert) 16 March 2012
Adding to what Mr Dhingra said. Right to be defended by a serving/retired Govt servant (of any deptt) is a right and right to be defended by a lawyer is a concession which deptt may or may not give.
There are many serving/retired Govt servant with no legal license and some not even law qualified who can defend any depttl inquiry effectively.
I will further add to what Mr Dhingra said that during preliminary hearing not only the receipt of chargesheet and understanding is to be confirmed. In addition to this the accused has to be given an opportunity to indicate the name, designation and department of the defence asstt [rather the notice of hearing must specify that he can attend the hearing with his Def Asstt]. It is apparent from the query that the IO has probably not given such opportunity hence he is so much confused. Further the charged officer is to be offered inspection of original documents and adjournment to giving list of defence documents and defence witnesses and the said documents are to be arranged by the IO. Then the PH can be said to complete.
The querist seems to be confused further. He probably has not been informed of his right of Def Asstt and probably has none with him to tell him that he has a right to silence other than denial of charge and the onus is on the deptt to prove the charge. I will agree with Mr Dhingra that if the charges are silent about the details then the queriest should not challenge the same. I will add that it is unwise for him to educate the deptt about the weakness about the case because at this stage they have opportunity to withdraw the chargesheet and issued details and specific one which will be to his detriment.
Further I entirely disagree with Mr Venkatesh Rao. It is only investigation (leading to chargesheet) which can be done in absence of the suspect. The queriest is perhaps not aggrieved of the ex-parte rather only wondering why his defence statement is not taken unaware of the right of silence.
Sudhir Kumar, Advocate
(Expert) 17 March 2012
The querist has opened new thread at http://www.lawyersclubindia.com/experts/DEPARTMENTAL-INQUIRY-288206.asp
