Departmental enquiry
Vasudevan
(Querist) 23 November 2016
This query is : Resolved
Hon'ble Experts,
I am a central Government Servant. I had faced departmental enquiry wherein the Inquiry Officer has submitted his report as charges proved. The Disciplinary Authority has served me a copy of the IO report to file my comments/objection on the same. The IO report is perverse and biased and not arrived based on the witness deposition. He himself has presumed the events and reported that "might" have committed the offence and concluded the report as charges proved. Whether the IO final report can be challenged before CAT bench at this stage or else I have to wait till the orders of the Disciplinary Authority? Please clarify. Advance Thanks for your reply.
Sudhir Kumar, Advocate
(Expert) 24 November 2016
IO report cannot be challenged in CAT at this stage.
submit your reply.
Advocate/CS Sanjeev Kataria
(Expert) 24 November 2016
Rightly advised by Sudhir sir, you can not challenge the IO report. You can approach the CAT subject to the availing of all the domestic remedies.
Guest
(Expert) 24 November 2016
Dear Vasudevan,
By providing I.O. Report, the Disciplinary has given you a great opportunity to pin-point what is wrong in that report, if not acceptable to you.
In fact the I.O. Report should be based only on the evidence adduced during the inquiry proceedings. Any assumption or extraneous matter to be included in the inquiry report is forbidden. If the I.O. has done that, he was surely a biased and prejudiced officer.
But, instead of exhausting the official channels, if you try to challenge the I.O. Report in CAT that will be quite a premature step on your part and the CAT is sure to reject your case even at the very initial stage of filing the case. Once you lose your case in the lower court, it can become quite hard for you to convince the higher courts about your innocence.
So, instead of taking any hasty step, you should have the patience to take action in a phase wise and systematic manner.
At first, based on the evidence adduced during the inquiry proceedings, you should represent to the Disciplinary Authority to point out the instances of the actual evidence vis-a-vis the presumptions or extraneous matter introduced in the report of the I.O.
Before you can approach the CAT, there will be one more stage that you will have to cross, i.e., the appeal to the appellate authority, if even the Disciplinary Authority does not take care to cognizance the evidence adduced during the inquiry proceedings and the presumptions of the I.O.
Vasudevan
(Querist) 24 November 2016
I am much obliged by the advices of all experts. Once again I thanks every expert to spare their valuable precious time on my subject and guidance in the matter.
Rajendra K Goyal
(Expert) 24 November 2016
Rightly guided by the expert PS Dhingra, agree to it.
