DISCIPLINARY PROCEEDINGS (19)-RULE (14) PROCEDURE -4 -INQUIRY REPORT

Dear friends,
    The inquiry report should not contain any recommendations on quantum of punishment. Only contain the findings on the each charges, whether it is proved or not proved .
  The inquiry report should contain the following contents.
1.an introductory paragraph indicating the terms of reference under which the inquiry was held .
2. broad statement of the case under inquiry including the articles of charge and statement of imputations of misconduct or misbehavior.
3. charges which were admitted or dropped or not pressed during the preliminary hearing.
4. the charges that were not admitted and actually inquired into.
5. any points arising out of inspection of listed documents or additional documents asked for by the charged official including brief statement of facts and documents which were admitted.
6. brief statement of the case of the disciplinary authority in respect of the articles of charge actually inquired into and the gist of the evidence produced on behalf of the disciplinary authority .
7. statement of defence of the charged official and the defence evidence adduced during the inquiry ,mention being made whether the charged official examined himself as his own witness.
8. points for determination arising out of the statement of prosecution case and defence case.
9. finding on each article of charge with reasons there for.
   The following records should be accompanied with the inquiry report while for warding the same to disciplinary authority.
1.The report of the inquiry prepared by the inquiry officer with necessary copies.
2. A folder containing the list of exhibits and the documents produced during the inquiry on behalf of disciplinary authority and the charged official.
3. A folder containing the list of witnesses produced on behalf of prosecution and the defence separately along with their depositions arranged in the order in which they were examined during the inquiry.
4. A folder containing written statement of defence ,written briefs filed by both ,if any.
5. A folder containing daily order sheets and applications if any submitted during the inquiry and orders passed there on along with orders of disciplinary authority and the inquiry officer relating to the inquiry.

Tenkasi.                                With greetings
24.11.2018.                           G.Mariappan.

DISCIPLINARY PROCEEDINGS (18)-RULE (14) PROCEDURE (3)-EVIDENCE (2)

Dear friends,
  Evaluation of evidence is a vital job for the inquiring officer. It should be done in a judicial manner even though the Indian evidence act is not applicable to disciplinary proceedings. Personal traits is not acceptable in evaluation of evidence but in practical it plays a role. For example an inquiry officer of having generosity in nature needs higher degree of proof for deciding the charged official as guilty on the other hand an I.O of authoritative nature needs small lapses and lesser degree of proof to find an accused official as guilty.

   The standard of proof needed in a disciplinary proceedings is preponderance of probability unlike proof beyond reasonable doubt needed in criminal proceedings. That is if the probability is more on the side of defence he will be let off. If the probability is more on the side of disciplinary authority the charged official will be found guilty.
   Since absolute proof beyond reasonable doubt is not applicable to disciplinary proceedings the benefit of doubt not given to the accused official.

For benefit of doubt implication pl. see the scene from the famous Tamil film " GAURAVAM" from the link.

https://youtu.be/foXrH28Pkkw



  BURDEN OF PROOF : The burden of proof lies with the disciplinary authority .It is the duty of the disciplinary authority to prove the charge levelled against the govt.employee and the accused official is not required to prove his innocence .

STATUS OF WITNESS : All witnesses are equal. Higher credibility can not be given to the evidence of witness who posses a higher status in the society or in the bureaucratic hierarchy.

Character and behaviour find no place in the disciplinary proceedings ,instead the evidence only decide the case of a charged official .So a prayer or confession made by the charged official on the ground of good faith or the lapses occurred not on malafide
motive will not be considered.

Tenkasi .                        with greetings
20.11.2018.                     G.Mariappan.

DISCIPLINARY PROCEEDINGS (17)- RULE 14 PROCEDURE (2)- EVIDENCE

Dear friends,
     In rule 14 procedure evidence recording is a main and mantadory one. Evidence are two types 1) oral 2) documentary. Further these are categorized as a) material or direct evidence b) circumstantial evidence and c) hearsay evidence.

     Of these three types material evidence is the most vital evidence . for example an eye witness in a case is a material witness and a material documents in case on which the articles of charge are based is a material evidence.

   Circumstantial evidence is a indirect evidence which prove the fact of the case through direct evidence.

Hearsay evidence is a third party evidence generally it had no legal validity since it has no link with the fact of the case. However genuine hearsay evidence may be permitted in the departmental proceedings.
   Evidences are recorded on the day of regular hearing only. First the evidence of disciplinary authority is recorded and after completion of it then the evidence of defence side is recorded.

   CROSS EXAMINATION : This is the most important part in recording of evidence. This examination is done by the opponent side of the witness. The duty of the person who is cross examining the witness is to disprove or break the credibility of witness by asking leading questions. Leading questions should not be asked during examination in chief and re examination of witness.

     There are different types of witnesses.
1) Prosecution witness : Produced on behalf of disciplinary authority.
2) Defence Witness : Produced on behalf of charged official.
3) Hostile Witness : A witness who deposes in a manner so as to adversely affect the case of the calling party. Such witness will be cross examined by the calling party itself.
4) Court witness : The inquiring authority shall call a person as court witness if his name is dropped out by either of the parties  ,i.e disciplinary authority or Charged official, even though his name finds a place in the charge sheet. The court witness is cross examined by both presenting officer and defence assistant.

Tenkasi .                   with greetings,
14.11.2018 .               G.Mariappan.