Dear friends,
Preliminary inquiry/investigation is the inquiry of fact finding whether prima facie case is made out against the suspected employee. Based on this inquiry the disciplinary authority may call for a departmental inquiry after issuing a formal charge sheet .
Preliminary inquiry doesn't attract Article 311(2) since this inquiry may be conducted at the back of the suspected employee. Also preliminary inquiry is not a pre condition for issue of charge sheet.
COMPLAINT. : It is the source of information about the malpractices, corruption, or misconduct of the public servant.
Complaints are of three types.
1.Genuine 2.Pseudonymous 3.Anonymous.
First category complaint is made by the person who actually giving the information with his own name. But the other two categories are in the names of third party with pseudonymous or anonymous name.
So the other two categories complaints may be ignored after verifying the genuineness of the complaint.
However in some cases if there is an availability of documents which are easily verifiable about the complaint then the pseudonymous or anonymous complaint maybe taken into consideration. Now this consideration is dropped out as per latest DOPT circular.
Based on the nature of allegation the Disciplinary authority should decide what type of investigation is necessary .
1.Departmental inquiry for misconduct other than offence , negligence, etc.
2. Allegation involving offences under prevention of corruption act 1988.Possession of assets beyond source of income attract CBI inquiry.
3.Cognizable offence of other types attract local police inquiry.
During preliminary inquiry, available documents should be examined first and then the witnesses and lastly the suspected employee.
Based on the inquiry report the Disciplinary authority may take action against the suspected employee by issuing a charge sheet or drop the case. So preliminary inquiry is neither compulsory nor a pre condition for taking disciplinary action against the public servant.
Tenkasi. With Best wishes,
13.05.2018. G Mariappan.
Preliminary inquiry/investigation is the inquiry of fact finding whether prima facie case is made out against the suspected employee. Based on this inquiry the disciplinary authority may call for a departmental inquiry after issuing a formal charge sheet .
Preliminary inquiry doesn't attract Article 311(2) since this inquiry may be conducted at the back of the suspected employee. Also preliminary inquiry is not a pre condition for issue of charge sheet.
COMPLAINT. : It is the source of information about the malpractices, corruption, or misconduct of the public servant.
Complaints are of three types.
1.Genuine 2.Pseudonymous 3.Anonymous.
First category complaint is made by the person who actually giving the information with his own name. But the other two categories are in the names of third party with pseudonymous or anonymous name.
So the other two categories complaints may be ignored after verifying the genuineness of the complaint.
However in some cases if there is an availability of documents which are easily verifiable about the complaint then the pseudonymous or anonymous complaint maybe taken into consideration. Now this consideration is dropped out as per latest DOPT circular.
Based on the nature of allegation the Disciplinary authority should decide what type of investigation is necessary .
1.Departmental inquiry for misconduct other than offence , negligence, etc.
2. Allegation involving offences under prevention of corruption act 1988.Possession of assets beyond source of income attract CBI inquiry.
3.Cognizable offence of other types attract local police inquiry.
During preliminary inquiry, available documents should be examined first and then the witnesses and lastly the suspected employee.
Based on the inquiry report the Disciplinary authority may take action against the suspected employee by issuing a charge sheet or drop the case. So preliminary inquiry is neither compulsory nor a pre condition for taking disciplinary action against the public servant.
Tenkasi. With Best wishes,
13.05.2018. G Mariappan.
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