Departmental inquiry
Querist :
Anonymous
(Querist) 16 September 2011
This query is : Resolved
When the inquiry conducted resulted in the Inquiry Report and the same was accepted by disciplinary authority and then forwarded for II stage advice to CVO, whether the CVO after around 3 years can send back for fresh inquiry on the ground that the witnesses were not examined, that too when the charged officer did not question the witnesses statements.
The witnesses were not called for examination. The charged officer has not questioned the content of the witnesses as nothing incriminating or against the CO is stated in the said statements. the inquiry officer reported that none of the charges are proved. this was accepted by the disciplinary authority and forwarded to CVO for second stage advice. the charged officer is in service and not suspended.
Guest
(Expert) 17 September 2011
You have not stated full facts about the process of inquiry.
You have also not stated whether the listed witnesses were called or not for examination during the inquiry proceeding.
You have also not stated the witnesses, if called, were not examined or their statements were not confirmed during the inquiry process.
You have also not stated whether you were awarded or not any punishment after referring the case to the CVO.
So, please clarify on these points, if you want correct advice.
Advocate. Arunagiri
(Expert) 17 September 2011
What is the current status of the charged officer? on duty or under suspension.
Querist :
Anonymous
(Querist) 17 September 2011
The witnesses were not called for examination. The charged officer has not questioned the content of the witnesses as nothing incriminating or against the CO is stated in the said statements. the inquiry officer reported that none of the charges are proved. this was accepted by the disciplinary authority and forwarded to CVO for second stage advice. the charged officer is in service and not suspended.
K.S.Srinivas
(Expert) 18 September 2011
If the reply to all the questions of Expert Dhingra are provided then a reply to the query can be given.
Guest
(Expert) 18 September 2011
The Role of the CVO is of advisory nature and is not mandatory for the Disciplinary Authority to adhere to his advice if he is in agreement with the findings of the I.O.
The Disciplinary Authority is free to decline the advice of the CVO by recording reason for not accepting the advice of the CVO. The CVO cannot force his will on the Disciplinary Authority.
K.S.Srinivas
(Expert) 18 September 2011
Yes, the CVO's advice is re commendatory in nature. It is not binding on the Disciplinary Authority. However, if the DA himself wants to deviate with the findings of the Enquiry Officer, he can do so by substantiating his stand in writing and the DA can arrive his own findings and shall be communicated to the charged officer to defend that findings. After receipt of reply from the CO, the DA can decide the case.
