role of eo-ia-po dpc
TRANSCRIPT
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Roles
ofIA/EO/PO/DR
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Principles of Natural Justice
Two latin maxims
Nemo Judex Causa Sua
(No one should be a judge in his own cause)
Audi Alteram Partem
(Hear the other side)
Principle of Prejudice & Doctrine of Bias
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TOPIC FOR DISCUSSION
When can IA be appointed?
What is the nature of appointment?
Is IA subject to the control of DA?
Who can be appointed as IA?
Essential requirements for EO/IA?
Change of IA during the proceedings
What is De novo enquiry?
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When can IA be appointed?
When decision to hold the enquiry has
been taken by the DA
After the Chargesheet has been issued
After the written statement of defence
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What is the nature of appointment?
Quasi Judicial in nature.
The EO/IA should be : Independent
Objective
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Departmental Enquiry
The presiding officer, generally anofficer , is known as Enquiry Officer or
Inquiry Authority. While he is not a
professional in conducting enquiries, he
is expected to be unbiased.
Oath taking is not necessary while
conducting a departmental enquiry.
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The EO/IA does not possess power tosummon any witness for giving a deposition.
We do not generally allow lawyers to be
engaged in a Departmental Enquiry.However, if the Presenting Officer is alegally trained mind or where the case is acomplicated one requiring expert handling, a
lawyer may be engaged with the permission
Departmental Enquiry
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Departmental Enquiry
In a departmental enquiry no members of publicare allowed. The enquiry is a private affair,attended by only those having a direct relevance tothe proceedings.
In a departmental proceedings, the standard ofproof is not very rigorous and the findings aremade on the principle of preponderance ofprobability
The EO/IA is a delegate of the DisciplinaryAuthority, and has no power to impose penalty. Heis not even expected to suggest the type or quantum
of penalty
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Is IA subject to the control of DA?
EO/IA is
A delegate of the DA
And not his agent
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Who can appoint IA?
The disciplinary authority
The appointing authority
Any higher authority
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WHO CAN BE EO/IA
Be related to any party to the
enquiry
Be an eye witness
Have any personal interest/
bias
Prejudge the issue
Import personal knowledge
into the enquiry
Not
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SOME QUESTIONS AGAIN
Can an outsider be appointed as the InquiryAuthority ?
If there is a charge of bias against the IA what is
the recourse ? Can the IA/EO be changed midway ?
What enclosures should normally be enclosed
with the order of appointment of IA/EO ?
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Role of Inquiring Authority
To document, analyse and come to aconclusion whether a charge has been proved
or not.
To hold in depth enquiry
To bring out correct facts
To ensure impartial enquiry
To ensure fair hearing
To hold enquiry in accordance with the
prescribed procedure.
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INQUIRY PROCESS
Issue of notice
Holding of preliminaryInquiry
Holding of regularInquiry
Examination ofwitnesses
Examination ofdocuments
Adjournments
Ex-party Inquiry
Submission oforal/written brief
Findings andsubmissions of Report
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Functions of Inquiring Authority
To record testimony of management and defensewitnesses verbatim & obtain acknowledgement at theend
To analyse the evidence
To facilitate inspection of documents by CSE/CSO To bring on record all documents in support of the
charges.
Ensure that there are no leading questions .
Questions should be relevant, pertinent & focussed.
Questions should be understood by CSE/CSO
To get clarifications but not cross examine
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Functions of Inquiring Authority
To make proper assessment of the evidence, furnishthe CSE/CSO with a list of witnesses
To write a reasoned report of enquiry(Relation
between imputations, evidence & conclusions shouldbe spelt out logically & have probative value.)
To furnish findings as to the charges
To report as to the disputes during the enquiry
Has no power to compel attendance of witnesses butcan request unit heads to depute.
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Presenting Officer
Is an agent of the DA
Has to present management case to establish
charge
Is junior to the IA Must have a proper and full briefing from DA
Be given all documents, information & details
of the case. He should be briefed adequately on
controversial points
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Presenting Officer
Be calm and composed & prepare carefully
Meet the witnesses in advance, study all
documents & decide which evidence isnecessary
Reconstruct each step of the case & study each
incidence of misconduct attributed
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The Presenting Officer
Should be cogent and logical, not showanimosity
Not permit deviations which may delay the
process Present his arguments either orally or in
writing highlighting the evidence of the
prosecution witnesses Point out contradictions and fallacies of the
evidence of the other side
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Presenting Officer- Questions
Can the presenting officer be a witness ?
Can the PO collect evidence/documents etc.
from any source or should it be only from theBranch ?
Can the IA/EO collect evidence on his own inaddition to the evidence presented by the PO ?
Can the PO produce evidence not included inthe list?
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Defence Representative
A DR should always keep a copy of the conduct rulesand rules governing disciplinary proceedings.
Have complete file of the case on hand for ready
reference. Check charge sheet for inherent defects, contradictions
etc.
Ensure that the IA/EO is not biased
Accompany CSP during inspection of documents, files
etc.
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Defence Representative
Be present throughout the period of enquiry. Get his legitimate objections recorded in the
proceedings and raise objections when leading
questions are put up by the PO.
Cross examine the management witness properly, resist
new evidence after the enquiry is closed.
Ensure to get a copy of the written brief from the PO
before submitting the CSPs written brief.
Keep abreast with the laws relating to the issues
involved and departmental enquiries.
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Thank You