Punjab Government CircularPunjab Government Circular letter No. 13/18/83-2PP/1153, letter No. 13/18/83-2PP/1153,

dated 24-02-1984 dated 24-02-1984

GUIDELINES FOR INQUIRY OFFICER,GUIDELINES FOR INQUIRY OFFICER, INTRUSTED INQUIRIES UNDER INTRUSTED INQUIRIES UNDER PUNJAB CIVIL SERVICESPUNJAB CIVIL SERVICES

( Punishment & Appeal) Rules ( Punishment & Appeal) Rules 1970.1970.

General Principles :General Principles : 1.1. Inquiry officer has to conduct the proceedings Inquiry officer has to conduct the proceedings

within the framework of Punjab Civil Services within the framework of Punjab Civil Services (Punishment & Appeal) Rules 1970.(Punishment & Appeal) Rules 1970.

2.2. He is also to follow instructions issued there He is also to follow instructions issued there under from time to time.under from time to time.

3.3. With the objectivity of approach and judicial With the objectivity of approach and judicial independence, he is to record his findings on independence, he is to record his findings on the the basis of evidence adducted and to report whether basis of evidence adducted and to report whether thethe charges against the delinquent Government charges against the delinquent Government Employee are proved or not.Employee are proved or not.

4.4. He should be free from any bias and be He should be free from any bias and be impartial.impartial.

5.5. He should not condemn any body unheard He should not condemn any body unheard and and should follow the rules of natural justice,should follow the rules of natural justice,

6.6. The party should have given an The party should have given an opportunity opportunity to produce all relevant to produce all relevant evidence on which he evidence on which he relies.relies.

7.7. The party should have given an The party should have given an opportunity opportunity of cross examining the of cross examining the witnesses examined witnesses examined by the other party.by the other party.

8.8. Evidence of opponents should be Evidence of opponents should be taken in taken in his presence.his presence.

9.9. No material should be relied upon No material should be relied upon against against the delinquent Government the delinquent Government Employee Employee without his being given an without his being given an opportunity of opportunity of explaining them.explaining them.

1010.. It is not essential for It is not essential for the the inquiry officer to inquiry officer to

follow follow the provisions of the provisions of Indian Indian Evidence Act for Evidence Act for

taking evidences, but taking evidences, but rules of rules of natural justice be natural justice be

followedfollowed..

PRELIMINAY STAGEPRELIMINAY STAGE 1.1. Before the commencement of the enquiry Before the commencement of the enquiry

the enquiry office should satisfy himself that he the enquiry office should satisfy himself that he has received:has received: Orders of the competent authority appointing him Orders of the competent authority appointing him

inquiry officer.inquiry officer. Copy of the articles of charges and the statement of Copy of the articles of charges and the statement of

the imputations of misconduct or misbehaviour.the imputations of misconduct or misbehaviour. Copy of written statement of defence, if any, Copy of written statement of defence, if any,

submitted by the Government Employee to the submitted by the Government Employee to the Government.Government.

Copy of statement of witnesses, if any, Copy of statement of witnesses, if any, Evidence proving the delivery of document (s) to be Evidence proving the delivery of document (s) to be

delivered, to the Government Employee.delivered, to the Government Employee. Copy of the orders appointing the “ Presenting Officer”Copy of the orders appointing the “ Presenting Officer”((If any of the above documents are not received by him he should If any of the above documents are not received by him he should

ask for those, to be supplied.)ask for those, to be supplied.)

APPEARANCEAPPEARANCE Inquiry officer is required to send a Inquiry officer is required to send a

written notice specifying day and written notice specifying day and time of appearance before him, to the time of appearance before him, to the Government employee, Government employee, within 10 within 10 working daysworking days of receipt of article of of receipt of article of charges and the statement of charges and the statement of imputations of misconduct and imputations of misconduct and misbehaviour by the Government misbehaviour by the Government Employee or Employee or within further time not within further time not exceeding 10 daysexceeding 10 days may be allowed by may be allowed by the inquiry officer. the inquiry officer.

RECORDING OF PLEA - 8(9)&8(10)RECORDING OF PLEA - 8(9)&8(10) 1.1. On appearance of the Government On appearance of the Government

employee the enquiry office should ask employee the enquiry office should ask him, if the Government employee has not him, if the Government employee has not already admitted any the articles of already admitted any the articles of charge in his written statement, or has charge in his written statement, or has not submitted any written statement. If not submitted any written statement. If he pleads guilty, enquiry officer should he pleads guilty, enquiry officer should record the same and get signature of the record the same and get signature of the Government employee and return the Government employee and return the findings of guilt in respect of those findings of guilt in respect of those articles of charges to which the articles of charges to which the Government Employee hasGovernment Employee has pleaded guilty. pleaded guilty.

Failure/Refusal/Omission to Plead.Failure/Refusal/Omission to Plead.8(11)8(11)

In case the Government employee In case the Government employee fails/refuses or does not appear fails/refuses or does not appear before him he shall:before him he shall: Order the presenting officer to produce Order the presenting officer to produce

the evidence by which he proposes to the evidence by which he proposes to prove the article of charge.prove the article of charge.

Adjourn the case to next date not Adjourn the case to next date not exceeding thirty days for presenting exceeding thirty days for presenting officer to produce evidences.officer to produce evidences.

Record and order that Government Employee may Record and order that Government Employee may for preparing his defence:for preparing his defence:

(a)(a) Inspect Inspect within five dayswithin five days of the order or within such of the order or within such further further time which should not exceed five days,time which should not exceed five days, as the enquiry as the enquiry officer may allow, the following documents:officer may allow, the following documents:

i)i) The substance of imputations of misconduct or misbehaviour The substance of imputations of misconduct or misbehaviour in to definite and distinct articles of chargein to definite and distinct articles of charge

ii)ii) Statement of imputations of misconduct or misbehaviour in Statement of imputations of misconduct or misbehaviour in support of each article of charge which shall containsupport of each article of charge which shall contain1.1. A statement of all relevant facts including any admission A statement of all relevant facts including any admission

or confession made by the Government employee.or confession made by the Government employee.2.2. A List of documents by which and a list of witnesses by A List of documents by which and a list of witnesses by

whom, the article of charges is are proposed to sustain.whom, the article of charges is are proposed to sustain.(b)(b) Submit the list of witness to be examined on behalf of Submit the list of witness to be examined on behalf of

Government employee;Government employee;(c)(c) Give notice for discovery or production of document which Give notice for discovery or production of document which

is in possession of Government but not mentioned in (a) is in possession of Government but not mentioned in (a) above. This notice is to be given by the Government above. This notice is to be given by the Government Employee with in ten days of the order of the enquiry Employee with in ten days of the order of the enquiry officer or within such further period of time not exceeding officer or within such further period of time not exceeding 10 days as may be allowed by the enquiry officer.10 days as may be allowed by the enquiry officer.

DISCOVERY/PRODUCTION OF DISCOVERY/PRODUCTION OF RECORD & SUPPLY OF COPIES RECORD & SUPPLY OF COPIES

OF DOCUMENTSOF DOCUMENTS If the Government employee applies for the If the Government employee applies for the

discovery or production of record by the discovery or production of record by the Government in his defence, the request shall be Government in his defence, the request shall be granted.granted.

The enquiry officer shall ensure that documents The enquiry officer shall ensure that documents sought are relevant for the purpose of enquiry.sought are relevant for the purpose of enquiry.

The Government employee is required to The Government employee is required to indicate the relevance of the documents indicate the relevance of the documents required by him.required by him.

Inquiry officer can decline any such request for Inquiry officer can decline any such request for the reasons to be recorded by him in writing.the reasons to be recorded by him in writing.

The enquiry officer then place the requisition along with the The enquiry officer then place the requisition along with the notice or copy thereof with the authority in whose notice or copy thereof with the authority in whose custody/possession the documents are kept. He will mention custody/possession the documents are kept. He will mention the date for production of record in the requisition.the date for production of record in the requisition.

NoNo request form the Government employee shall be granted by request form the Government employee shall be granted by the enquiry officer for the supply of the enquiry officer for the supply of copies of listedcopies of listed documents documents except copies of statements, if any, of the witnesses to be except copies of statements, if any, of the witnesses to be produced during enquiry.produced during enquiry.

If the delinquent Govt. Employee, applies orally or in writing for If the delinquent Govt. Employee, applies orally or in writing for supply of copies of statement of witnesses examined during supply of copies of statement of witnesses examined during preliminary enquiry or investigation, then preliminary enquiry or investigation, then copies of those copies of those statements of witnesses are to be supplied on which reliance is statements of witnesses are to be supplied on which reliance is proposedproposed to be made by the punishing authority. to be made by the punishing authority.

These copies shall not be supplied later than These copies shall not be supplied later than three days before three days before the commencement of the examinationthe commencement of the examination of witnesses on behalf of witnesses on behalf of punishing authority.of punishing authority.

If due to certain reasons it is not possible to furnish the If due to certain reasons it is not possible to furnish the Government Employee with those copies, the enquiry officer Government Employee with those copies, the enquiry officer should allow him to make copies for himself.should allow him to make copies for himself.(Note: 8(11) letter No. 5746 SII(3) 72 dated 16.10.1972.)(Note: 8(11) letter No. 5746 SII(3) 72 dated 16.10.1972.)

RECORDING OF EVIDENCERECORDING OF EVIDENCE8(15) TO 8(18)8(15) TO 8(18)

1.1. Proceedings shall be conducted in the Proceedings shall be conducted in the presence of the delinquent Government presence of the delinquent Government EmployeeEmployee unless held ex parte. Day to day unless held ex parte. Day to day proceedings shall be held as for as possible proceedings shall be held as for as possible and long adjournments should be avoided.and long adjournments should be avoided.

2.2. Statement Statement of witness shall of witness shall normally be normally be recorded in narrativerecorded in narrative and not in question and not in question and answer form. But if it appears to the and answer form. But if it appears to the enquiry officer that witness is concealing enquiry officer that witness is concealing the truth, answers may be elicited by the truth, answers may be elicited by putting a specific question and recording putting a specific question and recording his answer. his answer.

3.3. Firstly all oral and documentary evidence on Firstly all oral and documentary evidence on behalf of punishing authority shall be allowed behalf of punishing authority shall be allowed to be produced.to be produced.

4.4. During recording of evidences, such questions During recording of evidences, such questions to the witnesses as are irrelevant, or malicious to the witnesses as are irrelevant, or malicious or scandlous or mischievous in nature, should or scandlous or mischievous in nature, should be disallowed. be disallowed.

5.5. Enquiry officer, may, however, put such Enquiry officer, may, however, put such questions to the witness at any time to bring questions to the witness at any time to bring out the truth to clear any doubt in statement.out the truth to clear any doubt in statement.

6.6. The presenting officer is entitled to re-The presenting officer is entitled to re-examine the witness on any point on which examine the witness on any point on which they have been cross examined, but for re-they have been cross examined, but for re-examine of any new question permission of examine of any new question permission of inquiry officer is necessary.inquiry officer is necessary.

7.7. New evidenceNew evidence may be permitted by the may be permitted by the enquiry officer enquiry officer before the close of the casebefore the close of the case on behalf of punishing authority or on behalf of punishing authority or Government Employee. If in his opinion it Government Employee. If in his opinion it is necessary and is necessary and in the interest of justicein the interest of justice and not with a view to filling up gaps in and not with a view to filling up gaps in evidence. The enquiry officer evidence. The enquiry officer may himself may himself call for new evidence or recall or re-call for new evidence or recall or re-examine any witness.examine any witness.

8.8. On demand, the On demand, the enquiry officer shall supply enquiry officer shall supply to the Government Employee, the copy of to the Government Employee, the copy of list of further evidence proposed to be list of further evidence proposed to be producedproduced and an adjournment of inquiry and an adjournment of inquiry for three clear days before the production for three clear days before the production of new evidence, excluding the days on of new evidence, excluding the days on which and to which the case if adjourned. which and to which the case if adjourned.

9.9. The The enquiry officer shall also giveenquiry officer shall also give the the Government Employee Government Employee an opportunity to an opportunity to inspectinginspecting such documents before they such documents before they are taken on record.are taken on record.

10.10. If the delinquent Government Employee If the delinquent Government Employee raises some objectionsraises some objections or issues which or issues which call for decision, the enquiry officer, after call for decision, the enquiry officer, after giving notice to the presenting officer, giving notice to the presenting officer, may decide the same by writing or may decide the same by writing or speaking order. speaking order. The case shall, under no The case shall, under no circumstances be remitted to the circumstances be remitted to the punishing authority nor shall it be punishing authority nor shall it be adjourned pending decision of the adjourned pending decision of the punishing authoritypunishing authority..

11.11. When the case of the punishing authority is When the case of the punishing authority is closedclosed, the Government Employee, shall be , the Government Employee, shall be required to state his defence orally or in required to state his defence orally or in writing. The oral evidence shall be writing. The oral evidence shall be recorded by the inquiry officer and recorded by the inquiry officer and signatures of Government Employee signatures of Government Employee obtained thereon. A copy of statement of obtained thereon. A copy of statement of defence shall be given to the presenting defence shall be given to the presenting officer.officer.

12.12. Production of evidence and witnesses by Production of evidence and witnesses by the Government employee, their the Government employee, their examination, cross-examination, re-examination, cross-examination, re-examination, and examination by the examination, and examination by the enquiry officer, enquiry officer, has to be according to the has to be according to the provisions applicable to the witnesses for provisions applicable to the witnesses for the punishing authority. the punishing authority.

13.13. After the close of the case by the delinquent After the close of the case by the delinquent Government Employee, Government Employee, He shall be examined He shall be examined and all circumstances appearing against him and all circumstances appearing against him in evidence may be put to him with a view to in evidence may be put to him with a view to affording him an opportunity to explain the affording him an opportunity to explain the circumstances appearing against him.circumstances appearing against him.

14.14. It will be appropriate to ask the Government It will be appropriate to ask the Government Employee as to Employee as to why the witnesses on behalf why the witnesses on behalf of the punishing authority are deposing of the punishing authority are deposing against himagainst him..

15.15. In case a Government employee In case a Government employee chooses he chooses he may be examined on his own behalf like other may be examined on his own behalf like other witnesseswitnesses and his testimony so recorded, shall and his testimony so recorded, shall be appraised as any other piece of evidence be appraised as any other piece of evidence brought on the record.brought on the record.

16.16.After the completion of After the completion of evidence by both the parties,evidence by both the parties, the inquiry officer may hear the the inquiry officer may hear the presenting officer, and the presenting officer, and the delinquent Government delinquent Government Employee as the inquiry officer Employee as the inquiry officer may permit them. If they so may permit them. If they so desire, to file written brief of desire, to file written brief of their respective cases.their respective cases.

Engaging a legal Engaging a legal practitioner.8(8practitioner.8(8))a)a) A Government employee is permitted to A Government employee is permitted to

take the assistance of another take the assistance of another Government Employee or a retired Government Employee or a retired Government employee to present his Government employee to present his case.case.

b)b) The enquiry officer should not permit him The enquiry officer should not permit him to engage a legal practitioner unless the to engage a legal practitioner unless the presenting officer is a legal practitioner.presenting officer is a legal practitioner.

c)c) Punishing authority may permit the Punishing authority may permit the Government Employee to engage a legal Government Employee to engage a legal practitioner.practitioner.

Ex-parte Proceedings 8 (20)Ex-parte Proceedings 8 (20) The inquiry officer may hold the inquiry The inquiry officer may hold the inquiry

ex-parte if:ex-parte if:1.1. If the delinquent Government If the delinquent Government Employee Employee does not submit the written does not submit the written statementstatement of of defence by the due defence by the due date date or or 2.2. Does not appearDoes not appear in person before the in person before the inquiry inquiry officer.officer.3.3. fails to complyfails to comply with the provisions of with the provisions of Rule 8 Rule 8 of the Punjab Civil Service of the Punjab Civil Service (Punishment & (Punishment & Appeal) Rules 1970.Appeal) Rules 1970.

Important:Important: The inquiry officer should consider the grounds The inquiry officer should consider the grounds

of absence of the Government employee from of absence of the Government employee from the disciplinary proceedings on their merits and the disciplinary proceedings on their merits and take decision whether to condone the absence take decision whether to condone the absence or not.or not.

However, if there is persistent default on the However, if there is persistent default on the part of the Government Employee and the part of the Government Employee and the inquiry officer is of the opinion that Government inquiry officer is of the opinion that Government Employee is adopting dilatory tactics. He may Employee is adopting dilatory tactics. He may take exparte decision.take exparte decision.

If during the course of exparte proceedings, the If during the course of exparte proceedings, the delinquent Government Employee appears delinquent Government Employee appears before the inquiry officer, he should be allowed before the inquiry officer, he should be allowed to join the proceedings at that stage but to join the proceedings at that stage but proceedings shall not be held de-novo. proceedings shall not be held de-novo.

Change of inquiry officer 8(22)Change of inquiry officer 8(22) In the event of Change of inquiry officer:In the event of Change of inquiry officer:

a)a) The successor officer The successor officer may act on the may act on the evidence recorded by his predecessorevidence recorded by his predecessor or or partly recorded by his predecessor partly recorded by his predecessor and and partly by himself.partly by himself.b)b) But if in the opinion of the succeeding But if in the opinion of the succeeding inquiry officer it is necessary in the inquiry officer it is necessary in the interest interest of justice to further examine of justice to further examine any witness any witness whose evidence has whose evidence has already been already been recorded by his recorded by his predecessor, predecessor, he may call, he may call, examine, examine, cross-examine and re-examine cross-examine and re-examine such such witness.witness.

Mode of service of Mode of service of notice/ordersnotice/orders

The order or notice under the rules is to The order or notice under the rules is to be served be served in personin person on the delinquent on the delinquent Government Employee or communicated Government Employee or communicated to him by a to him by a registered postregistered post..

If, however, in If, however, in any caseany case serving of notice, serving of notice, orders etc., in person or by a registered orders etc., in person or by a registered post is post is not possiblenot possible, .e.g., whereabouts of , .e.g., whereabouts of the employee are not known, or the employee are not known, or employee has proceeded abroad, the employee has proceeded abroad, the same should be same should be published in a daily published in a daily newspapernewspaper..

Compelling attendance of witness & Compelling attendance of witness & production of documents in exceptional production of documents in exceptional

circumstancescircumstances.(Pb. Govt. letter No. 6888-G-55/16442, dated 15.(Pb. Govt. letter No. 6888-G-55/16442, dated 15thth June, 1955) June, 1955)

The inquiry officer is legally competent to exercise The inquiry officer is legally competent to exercise the powers as are exercisable by a the powers as are exercisable by a commission commission appointed for enquiry under Public Servant appointed for enquiry under Public Servant (Inquiries) Act., 1850.(Inquiries) Act., 1850.

He can He can summon the witnesssummon the witness & & can compel the can compel the production of documents.production of documents.

A person A person disobeyingdisobeying a process issued in this behalf, a process issued in this behalf, is liable to is liable to same penaltysame penalty as if the as if the process issued by process issued by court has been disobeyed. court has been disobeyed.

The inquiry officer, derive these powers under The inquiry officer, derive these powers under Punjab Departmental Enquiries (Powers) Act., 1955.Punjab Departmental Enquiries (Powers) Act., 1955.

The Presenting officer or the The Presenting officer or the delinquent Govt., employee delinquent Govt., employee may be may be allowed to produce his witness.allowed to produce his witness.

A A witness could be summoned for witness could be summoned for evidenceevidence or producing of documents. or producing of documents.

Where there is disobedience to the Where there is disobedience to the process issued by the inquiry officer, a process issued by the inquiry officer, a notice may be sent to the witness notice may be sent to the witness through the District Judge in whose through the District Judge in whose jurisdiction the witness residejurisdiction the witness reside..

These These summons shouldsummons should be in the forms be in the forms as per as per annexure A, B, Cannexure A, B, C as under: as under:

Annexure ‘A’Annexure ‘A’Summons to WitnessSummons to Witness

[[Section 2 of the Punjab Departmental Inquiries (Powers) Act, 1955 read with Section 8 of Punjab Section 2 of the Punjab Departmental Inquiries (Powers) Act, 1955 read with Section 8 of Punjab Servants (Inquiries) Act, 1850 {Act No. 37 of 1850}]Servants (Inquiries) Act, 1850 {Act No. 37 of 1850}]Departmental inquiry being held in relation to Sh./ Smt /.Kumari……………………….. Departmental inquiry being held in relation to Sh./ Smt /.Kumari……………………….. Designation……………. Working in the …………………………( Name of the Department / Designation……………. Working in the …………………………( Name of the Department / Office.Office.ToTo

______________ ( Name and address of the witness)______________ ( Name and address of the witness)____________________________Whereas your attendance is required to give the evidence / produce document Whereas your attendance is required to give the evidence / produce document

-----------on behalf of ……………(Name of defendant/ Department Concerned)………. -----------on behalf of ……………(Name of defendant/ Department Concerned)………. ………….in the above Departmental enquiry, you are hereby required ( personally) to appear ………….in the above Departmental enquiry, you are hereby required ( personally) to appear before this Inquiring Authority on the ___day of _____(Name of month) 19….. at ……. O’ Clock before this Inquiring Authority on the ___day of _____(Name of month) 19….. at ……. O’ Clock in the forenoon/afternoon and to bring with you ( or to send to the Inquiring in the forenoon/afternoon and to bring with you ( or to send to the Inquiring Authority………………………( Description of documents required.)Authority………………………( Description of documents required.)

If you fail to comply with this order without lawful excuse, you will be subject to the If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in Section 9 of Public Servants (Inquiries) Act., consequences of non-attendance laid down in Section 9 of Public Servants (Inquiries) Act., 1850. Inter alia entailing you prosecution under Section 174 on Indian Penal Code.1850. Inter alia entailing you prosecution under Section 174 on Indian Penal Code.

Given under my hand and the seal of this Inquiring Authority this day of _____ (Name Given under my hand and the seal of this Inquiring Authority this day of _____ (Name of the month)_____200__of the month)_____200__

Inquiring AuthorityInquiring Authority..

Annexure ‘B’Annexure ‘B’Request for Transmission of Summons to be Served on a Request for Transmission of Summons to be Served on a

Witness in a Departmental InquiryWitness in a Departmental Inquiry[[Section 2 of the Punjab Departmental Inquiries (Powers) Act, 1955 read with Section 2 of the Punjab Departmental Inquiries (Powers) Act, 1955 read with

Section 8 of Punjab Servants (Inquiries) Act, 1850 {Act No. 37 of 1850}]Section 8 of Punjab Servants (Inquiries) Act, 1850 {Act No. 37 of 1850}]

ToTo______________( Name and address of the District Judge ______________( Name and address of the District Judge ______________ ______________ concerned)concerned)

Under the provisions of Section 2d of Punjab Departmental Under the provisions of Section 2d of Punjab Departmental Inquiries (Powers) Act., 1955, read with Section 8 of the Public Inquiries (Powers) Act., 1955, read with Section 8 of the Public Servants Inquiries Act, 1850 ( Act No. 37 of 1850, a summon in Servants Inquiries Act, 1850 ( Act No. 37 of 1850, a summon in duplicate is herewith forwarded for service on the witness duplicate is herewith forwarded for service on the witness _______ (Name) __________(address). You are requested to _______ (Name) __________(address). You are requested to cause a copy the said summons to be served upon the said cause a copy the said summons to be served upon the said witness and return the original to this Inquiry Authority, signed by witness and return the original to this Inquiry Authority, signed by the said witness, with a statement of service endorsed thereon the said witness, with a statement of service endorsed thereon by you.by you.Inquiring Authority.Inquiring Authority.

Annexure ‘C’Annexure ‘C’Form for Summoning Public Servant as a WitnessForm for Summoning Public Servant as a Witness

No. No. ________________________

Office of Office of the ……………….the ……………….

Punjab, Punjab, Chandigarh.Chandigarh.

(Place of (Place of Issue), Dated…….Issue), Dated…….

ToTo____________________________________________

I am appointed as the Inquiry Authority for holding an I am appointed as the Inquiry Authority for holding an inquiry against Shri / Smt./ Kumari __________ . I request you to inquiry against Shri / Smt./ Kumari __________ . I request you to appear before me on ______at _________( time and place )appear before me on ______at _________( time and place )

Your presence for the above purpose may be treated Your presence for the above purpose may be treated in terms of the Punjab Departmental Inquiries (Powers) Act., 1955.in terms of the Punjab Departmental Inquiries (Powers) Act., 1955.

Inquiring AuthorityInquiring AuthorityCopy to ___________ with the request to permit the Copy to ___________ with the request to permit the

official mentioned above to attend the enquiry on due date. official mentioned above to attend the enquiry on due date.

Inquiring AuthorityInquiring Authority

The recourse of mode The recourse of mode mentioned above, may be had mentioned above, may be had only in exceptional only in exceptional circumstances.circumstances.

And shall not be resorted to in And shall not be resorted to in summoning Government summoning Government employee of documents in employee of documents in custody of the Government as custody of the Government as the same can be obtained the same can be obtained otherwise.otherwise.

Standard of ProofStandard of ProofLetter No. (GOI)2S-II-75/35048, dated 4Letter No. (GOI)2S-II-75/35048, dated 4thth/8/8thth September, 1975 September, 1975

Standard of proof in the case of domestic Standard of proof in the case of domestic enquiries enquiries is not as strict as is in criminal is not as strict as is in criminal cases,cases, i.e. beyond all reasonable doubt. i.e. beyond all reasonable doubt.

The findings in a departmental enquiry The findings in a departmental enquiry are to are to be based on the preponderance of be based on the preponderance of probabilities as in civil casesprobabilities as in civil cases..

From the facts on the record, From the facts on the record, all all inferences may be drawninferences may be drawn which any which any rational and prudent person normally do.rational and prudent person normally do.

Recording of Reports 8(23)Recording of Reports 8(23)1.1. After the conclusion of the enquiry the enquiry After the conclusion of the enquiry the enquiry

officer shallofficer shall prepare a reportprepare a report. . The findings should The findings should bebe based strictly on evidencebased strictly on evidence adduced during the adduced during the course of enquiry.course of enquiry.

2.2. TheThe reasons for accepting or rejectingreasons for accepting or rejecting any plea or any plea or contention or any evidence should becontention or any evidence should be clearly clearly statedstated..

3.3. No material from personal knowledgeNo material from personal knowledge or otheror other extraneous consideration should be imported, while extraneous consideration should be imported, while giving the findings. Butgiving the findings. But judicial notice of law in judicial notice of law in force and relevant Codal provisions may be taken.force and relevant Codal provisions may be taken.

4.4. If theIf the evidence on record establishes a charge evidence on record establishes a charge different from the original charge,different from the original charge, the inquiry officer the inquiry officer may write his findings thereon also.may write his findings thereon also.

5.5. The findingsThe findings shall not be recorded on any shall not be recorded on any article of charge different from the originalarticle of charge different from the original articles of charge unless the Governmentarticles of charge unless the Government Employee has either admitted the facts on Employee has either admitted the facts on which such article of charge is based or which such article of charge is based or has had a reasonable opportunity of has had a reasonable opportunity of defendingdefending himself against such article of himself against such article of charge.charge.

6.6. The The Principles of natural justice,Principles of natural justice, equity and equity and fair play should be fair play should be kept in mind by the kept in mind by the inquiry officer while preparing reportsinquiry officer while preparing reports..

7.7. The Inquiry Officer shall, The Inquiry Officer shall, under no under no circumstancescircumstances, , propose the penaltypropose the penalty which which may be imposed, in his report.may be imposed, in his report.

8.8. The The report shall containreport shall contain::1.1. A brief A brief introductionintroduction leading to the enquiry.leading to the enquiry.2.2. A A gist of chargesgist of charges..3.3. Summary of evidence of both the sidesSummary of evidence of both the sides with regard to with regard to

each article of charge.each article of charge.4.4. Summary of defenceSummary of defence of the delinquent Government of the delinquent Government

employee in respect of each article of charge.employee in respect of each article of charge.5.5. Reasons for acceptance and rejectionReasons for acceptance and rejection, in whole or in , in whole or in

part, of the evidence of either party.part, of the evidence of either party.6.6. The The conclusions arrived atconclusions arrived at with reference to each article with reference to each article

of charge.of charge.

9.9. Even when exparte proceedings are taken, Even when exparte proceedings are taken, the Inquiry Officer shall record the evidence the Inquiry Officer shall record the evidence and write report.and write report.

Enquiries against the employees of Corporation Enquiries against the employees of Corporation of Boardsof Boards

Punjab Govt. Letter No. 12/5/79-6PP/10726, dated 31Punjab Govt. Letter No. 12/5/79-6PP/10726, dated 31stst August, 1981. August, 1981.

As far as possible the enquiries against employees of As far as possible the enquiries against employees of Public Undertakings should be done Public Undertakings should be done by the Officers of by the Officers of the concerned Corporation/Board.the concerned Corporation/Board.

Where in exceptional circumstances it is necessary to Where in exceptional circumstances it is necessary to entrust enquiry to an officer of State Government the entrust enquiry to an officer of State Government the Chief Secretary, in IAS or PCS Branches or in Chief Secretary, in IAS or PCS Branches or in Establishment-I Branch should be consulted, with Establishment-I Branch should be consulted, with regard to appointment of an officer. The enquiry would regard to appointment of an officer. The enquiry would be entrusted to the officer so nominated by the Chief be entrusted to the officer so nominated by the Chief Secretary.Secretary.

While placing the requisition for appointment of Inquiry While placing the requisition for appointment of Inquiry Officer, the quantum of honorarium admissible should Officer, the quantum of honorarium admissible should be indicated.be indicated.

No requisition for the appointment of an Inquiry No requisition for the appointment of an Inquiry Officer, by name should be entertained as Officer, by name should be entertained as acceptance thereof could vitiate the entire acceptance thereof could vitiate the entire proceedings and violate principles of natural proceedings and violate principles of natural justice.justice.

In no case Inquiry or other work involving In no case Inquiry or other work involving payment of remuneration should be entrusted payment of remuneration should be entrusted by any public undertaking to any officer of the by any public undertaking to any officer of the Government without prior permission of the Government without prior permission of the authority competent to grant such permission.authority competent to grant such permission.

No officer of State Government should accept No officer of State Government should accept such additional work without the prior approval such additional work without the prior approval of the competent authority. Any officer doing so of the competent authority. Any officer doing so will render himself liable to disciplinary action will render himself liable to disciplinary action under conduct rules.under conduct rules.