Role of EO-IA-Po Dpc

8/2/2019 Role of EO-IA-Po Dpc

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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



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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

Documents

Role of EO-IA-Po Dpc