Guidlines for Conducting Inquiry by Inquiry Authority

8/8/2019 Guidlines for Conducting Inquiry by Inquiry Authority

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COURT OF INQUIRYPROCEDURE UNDER CCS(CCA) RULES 1965

STANLEY COUTINHOADDL GENERAL MANAGERENGINE FACTORY AVADI

CHENNAI 600 054



CHECK LIST FOR AID OF INQUIRY AUTHORITY UNDER CCS(CCA) RULES 1965

Yes/Pg.No (1) Particulars Form applicable Tick

BEFORE COMMENCEMENT OF INQUIRY Received the Order of appointment as Inquiry Officer with the following enclosuresCharge Sheet to charged government Servant with the details as mentioned in Annexure-III &Annexure – IV thereof Statement of defence of CGSNotice for first Inquiry OF/INQ/R1Acknowledgement of first hearing notice to Charged government servant.

DURING THE INQUIRY FIRST HEARING Order Sheet opened and signed by all present OF/INQ/L1 & OF/INQ/L1AQuestion to CGS regarding receipt of Charged Memo

OF/INQ/R2 & R3

Reading over and explanation of chargesQuestion to CGS regarding admission or denial of chargesQuestion to CGS regarding engagement of Defenceassistant

Whether Disciplinary Authority has permitted theengagement of a Legal Practitioner as defenceassistant to the CGSDecision regarding permission for Defence assistantemployed in the same unit or elsewhere and fulfillingthe specified conditions.Direction to PO to produce evidence from next date.Fixing of next date

In case of absence of CGS during the first hearing, one more notice with caution about ex parte hearingfrom the second hearing onwards.Permission to CGS to submit list of documents and orwitnesses on his behalf Monthly Report to Vigilance Section OF/INQ/MRSECOND AND SUBSEQUENT HEARINGS Order Sheet continued and signed by all present inevery subsequent hearing

OF/INQ/L1

Contd /--(1)

PLEASE ENSURE A CONTINUOUS PAGE NUMBERING COMMENCING ON FIRST PAGE OF FORM OF/INQ/R10 THROUGHTHE VARIOUS ANNEXURES

-2-



Permission to CGS to submit list of documents and orwitnesses on his behalf

OF/INQ/R2, R4, R5 & R6 asapplicable

Discussion regarding admissibility and relevance of any or all of the above.Acceptance or rejection of the variousdocuments/witnessesDirection to PO to lead evidenceAcceptance of documents as evidence for prosecutionIssue of summons for witness to attend the nexthearing OF/INQ/SW

Confirmation of documents by the signatory or hisauthorised representative. OF/INQ/R5

Recording of examination of witness

OF/INQ/R4

Recording of cross-examination of witnessRecording of re-examination of witness (if any)Recording of re-cross-examination of witness (if any)Each witness’s statements signed by all present on

each page (obverse and reverse sides if typing/printing/writing is on both sides)Did the CGS offer himself as a witness in his defence?

OF/INQ/R7

If YES, the record of CGS examination by theDefence Assistant(if any)The record of CGS examination by the PresentingOfficer(if any)The record of CGS re-examination by the DefenceAssistant(if any)the record of CGS re-cross-examination by thePresenting Officer(if any)If NO, record of the General Examination by theInquiry Authority OF/INQ/R8Arguments/written briefs OF/INQ/R9Inquiry Report OF/INQ/R10 (2)

(2)IF THE INQUIRY AUTHORITY FOLLOWS THE STEPS SHOWN IN OF/INQ/R10 THERE IS LESS LIKELIHOOD OF MISSING ANYIMPORTANT STAGE IN CONDUCTING THE INQUIRY



FORM OF/INQ/L1

INQUIRY UNDER RULE 14 CCS (CCA) RULES 1965

ORDER SHEET

MEMORANDUM NO ……………………… DATE …………………………

AGAINST SHRI………………………… DESIGNATION………………..FY………….PRESENT:INQUIRY AUTHORITY SHRI……………………..…. DESIG…………………………..

PRESENTING OFFICER SHRI……………………..…. DESIG………………………….

ASSISTING OFFICER SHRI………………………... DESIG…………………………..Date Business Transacted Signatures

This form is to be used for every hearing, indicating the business transacted, thedecisions taken regarding adjournment, proceedings, etc. and should be in thenature of date-wise record of the case. This is like a noting sheet on the left sideof the case file.



Form OF/INQ/L1A

Inquiry Under Rule 14 CCS (CCA) Rules 1965.

--------------------------------------------------------------------------------------------------------------------

Ref: Memorandum No…………………………………… Dt…………………………….

Against Shri…………………………………. Desig…………………. T.Tno…………………Fy……..ORDER SHEET

(First Hearing)

Place…………………..

Date…………………..

1. First Hearing of the Inquiry was held at…………………………… Hours on…………………. …….. at

…………………………………………………… (venue). This was attended by Shri……………………………….

The Charged Govt. servant named above *

And Shri……………………………………………… Presenting Officer.*Shri ……………………………………… admitted/denied all/part of the charges framed against him as per the

Charge Memorandum No……………………dt……………… and suitable instructions have been given to the said

Charged Govt Servant regarding the engaging of a Defence Assistant.*Shri……………………………………….. the Govt. Servant named above failed to appear as specified in Notice

No…………………………………….. Dt…………………… issued to him in person/by Registered Post with

Acknowledgement Due which has been received by him on……….*Shri…………………………………… the Govt Servant named above refused to plead guilty or otherwise.

The case is therefore adjourned to ………………hrs. on…………….. at…………………………….. (venue) and thePresenting Officer is, in accordance with Sub-rule 11 of Rule 14 of the CCS (CCA) Rules 1965, required to produce

on the said date, the evidence by which he proposes to prove the articles of charge on behalf of the Disciplinary

Authority.

Ordered also that, in terms of Sub-rule 11 of rule 14 ibid the Charged Govt Servant may, for the purpose of preparing

his defence.

(i) Inspect within five days of this order, the documents specified in the list referred to in annexure III to the

Memorandum dated……………………..; and

(ii) Submit a list of witness to be examined on his behalf

* Strike out portions not applicable

Signatures of all present as per FORM OF/INQ/L1

This has the function of a noting sheeton the left side of the case file, showingthe progress at each hearing.See FORM OF/INQ/L1



Form OF/INQ/MR

INQUIRY UNDER RULE 14 OF CCS (CCA) RULES 1965Progress Report

________________________________________________________________________

Memorandum No . …………………………………………dt……………………………

Against Shri……………………Design……………T.No…………………Fy…………..

DATE OF PRESENT HEARING:………………..

DATES

First Hearing (date)………………………………….

Number of hearing after the First hearing (nos)….…………….

Brief Details of Business Transacted1. Documents & Witnesses examined on behalf of Disciplinary Authority:

2. Documents & Witnesses examined on behalf of Charged Govt Servant Authority:

3. Other details

Signature of Presenting Officer/Date

Name………………………………

Designation………………………..

Remarks of Enquiry Authority

Signature of Presenting Officer/Date

Name………………………………

Designation………………………..

This is required to be submitted tothe Disciplinary Authority everymonth while the Inquiry is inprogress



Form OF/INQ/R1

(Inquiry under R. 14, CCS (CCA) Rules 1965)

NOTICE OF FIRST HEARING

No…………………………....Date…………………………....

To

Ref: Memorandum No………………………………………Dt………………..Order No…………………………………………………….Dt………………..

(1) Pursuant to the order quoted above, the proceedings will commence at ………….. hrs on …………at …………………………………………………….. (Place)

(2) The presenting officer is also being asked to attend the hearing along with all the records.(3) Please note that if you fail to appear at the appointed time and place the inquiry will be proceeded

with ex parte in terms of sub-rule 20 of Rule 14 of CCS (CCA) Rules 1965.(4) In terms of Rule 14(8) of the CCS (CCA) Rules 1965, you can take the assistance of any other Govt.

servant to present the case on your behalf. You are therefore advised to give in writing immediately,the name of a Govt. Servant if any with designation and address. A letter of consent from him/her toassist you during the proceedings along with declaration from him/her that he/she will be able toattend the sittings whenever required should also be enclosed to your reply. The letter should alsocontain a declaration that he/she has not taken up more than three cases as a defence assistant at

present.(5) It is advisable in your own interest to submit a panel of three names, in order of preference, whomyou may wish to utilize as your defence assistant. This will enable the procurement of the nextperson in case the one on the top of the panel is not available.

(6) If you have been allowed the assistance of a legal practitioner, a copy of the permission accorded bythe disciplinary authority may please be sent.

Please acknowledge the receipt here of immediately

Inquiry Authority

Name……………………………Designation…………………………..

Copy to :Presenting Officer, Shri……………………………… Desig……………………. For information andnecessary action, vide para (2) above



Form OF/INQ/R2

INQUIRY UNDER RULE 14 CCS (CCA) RULES, 1965

Record of Proceedings – Hearing

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Memorandum No………………………………………………….…………….Dt……………………..

Against Shri………………………………….. Desig……………….. TNo………………….Fy………

The …….. * hearing of the enquiry was fixed for today, the day of ……………. 20 , at …………….. hrs,

at……………………….. (Venue) Notice No…………………………….. dt…………………… was

issued to Shri……………………………….. referred to above by Registered post, Acknowledgement

Due/in Person and the same has been received by him on …………………………………

The court assembled accordingly and the following are present :1. Inquiry Authority Shri……………………………………………………….

2. Government Servant Shri………………………………………………………..

3. Assisting Officer Shri………………………………………………………..

4. Presenting Officer Shri………………………………………………………..

------------------------------------------------------------------------------------------------------------------------------For details of the first hearing – refer to Form OF/INQ/R3

Signatures Inquiry Officer……………………………Govt. Servant………………………With Dates(every page) Presenting Officer………………………… Assisting Officer………………….

* First/Second/Third/....



Form No. OF/INQ/R3

MINUTES OF PROCEEDINGS OF FIRST HEARING(dt) …………………….. REF. PARA 9.5 to 9.7(This will be in continuation of Form OF/INQ/R2)

(i) Shri…………………………… T.No……………………. Desig…………….. Sec…………………………. Fy. has identified himself as the charged government servant in this matter.

(ii) Shri………………………………… confirms that he has received GM/EFA Charge MemoNo…………………………… Dt……………… and that he had replied the same vide his written statementof Defence dt………… the original of which is hereby shown to him.

(iii) Inquiry Authority to the charged govt servant:

The following are the articles of charge against you vide memo No …………………………..Dt………. referred to above, namely,

(1)………………………………………….(2)……………………………….(3)……………………………………………….. etc.

You have admitted the following charges in your written statement of defence referred to above,namely

(1) ………………………………………(2) ………….(3) ……………………………….

and you have not admitted the following charges(1)……………(2)……………(3)………………………………

This enquiry will relate only to the above charges which you have not admitted.Please state in respect of the charges not admitted by you, whether you are admitting them at this

stage or you would like to contest it/them in this Inquiry.

(iv) Charged Govt. Servant to the Inquiry Authority :......................................................................

(v) Would you like to explain why you had admitted/denied these charges now while you had

denied/admitted the same earlier?

(vi) Charged govt. servant to Inquiry Authority :……………………………………………………

From the above it will be seen that Shri…………………………………………… has admitted thefollowing articles of charge conveyed vide GM/EFA Memo No………………………

Dtd……………………….



Form No. OF/INQ/R3

Therefore the following charges are established as correct:

(1)………………………

(2)

(3)……………………...

From the above it will be seen that Shri…………………………………………… has not admitted the

following articles of charge conveyed vide G.M/EFA Memo No………………………

Dtd………………………namely,

(1)

(2)

(3)

and he chooses to defend himself against the same. The enquiry will therefore proceed in respect of the said

charges.(vii) Inquiry Authority to the charged govt. servant:

Would you like to plead on your own behalf or would you like to engage an assistant to present your

case?

(viii) Charged govt. servant to Inquiry authority:………………………………………………………

(ix) Please submit a panel of three govt. servants who will plead on your behalf.

Shri……………………………………….. (charged govt. servant) is hereby informed that he may, if he so

desires, apply orally or in writing, now or at the appropriate stage during this inquiry, for the inspection,discovery or production of any documents relevant to the articles of charge under inquiry, indicating the

relevance thereof. Such request if any will be considered in accordance with Sub-Rules 11, 12 and 13 of

Rule 14, CCS (CCA) Rules, 1965.

(The charged govt. servant may choose to reply to this in the presence of his defence assistant – which may

be permitted by the IA).

IA to PO: The Presenting Officer is hereby required to produce the evidence by which he proposes to prove

the articles of charge, at........................Hrs on…………………….. (date) at…………………………(venue). The case is accordingly adjourned to the said date.




Form OF/INQ/R4

Inquiry Under Rule 14 CCS (CCA) Rules 1965

Record of Examination of Witness

(Please see Instructions given below)

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Memorandum No………………………………… Dt…………………………….

Against Shri…………………………………. Desig………………. T.Tno…………………. Fy………..

Witness No………………………………..for Prosecution/Defence examined on………………………...

Name of Witness……………………………………………………………………………………………

Designation…………………………………. T.TNo………………………. Fy………………………….

PRESENT

1. Inquiry Authority Shri………………………………………………………………………………

2. Charged Govt. Servant Shri………………………………………………………………………

3.

Defence Assistant Shri……………………………………………………………………………4. Presenting Officer Shri……………………………………………………………………………..

------------------------------------------------------------------------------------------------------------------------------

The P.O/ Defence Assistant produced the witness mentioned above.

Examination by ________________________ PO/DA

Cross-examined by ______________________ PO/DA

Re- Examination by ________________________ PO/DA

Re- Cross-examined by ______________________ PO/DA




INSTRUCTIONS

1. (i) If the Charged Govt. Servant or the Defence Assistant or the Presenting Officer is not present, thesame should be recorded, along with the reasons is any, before proceeding to record the evidence.

(ii) If the Charged Govt. Servant is agreeable to proceed with the examination of the witness in theabsence of the Defence Assistant, the same should be recorded.

(iii) If the Charged Govt. Servant is absent and has authorized the Defence Assistant to proceed with theexamination of the witness in his absence, the same should be recorded and the authorization taken onrecord.

2. The record of evidence should be given appropriate headings as below:(i) Examination-in-chief of PW/DW No. (#) by Presenting Officer/Charged Govt. Servant/Defence

Assistant.(ii) Cross-examination of PW/DW No. (#) by Presenting Officer/Charged Govt. Servant/Defence

Assistant. Note: If the Charged Govt. Servant/Defence Assistant does not want to cross examine the PWS, the

same should be specifically indicated(iii) Re-examination of PW/DW No. (#) by Presenting Officer/Charged Govt. Servant/Defence

Assistant Note: If the Charged Govt. Servant/Defence Assistant does not want to re-examine the DefenceWitness after cross examination by the Presenting Officer, the same should be specifically indicated.

(iv) If re-examination is done by either of the parties, the other party has a right to re-cross-examinationto sort any confusion that may have arisen in the re-examination.(v) Questions by the Inquiry Authority.

3. Blank sheets may be used in continuation of the first page.4. The witness and the Inquiry Authority should sign/subscribe his LTI and date below every page of the

deposition. If the witness refuses to sign, the Inquiry Authority should record this fact at the end of thedeposition.

5. At the end, Inquiry Authority will read out the deposition to the witness in the presence of the ChargedGovt. Servant/Defence Assistant. Verbal mistakes will be corrected in their presence and initialed by thewitness. If the witness denies any part of the record, unless the Inquiry Authority thinks that there hasbeen a mistake in the recording, will record the objections of the witness.

6. The following certificates will be suitably appended to the daily record:

(i) Read over to the witness in the presence of the accused and admitted corrections and/or objectionof witness recorded.(ii) The deposition translated and explained to the witness in …………. , being the language in

which he deposed.

7. The Charged Govt. Servant Defence Assistant, Presenting Officer and Inquiry Authority will sign withdate at the end of the deposition

8. Form OF/INQ/R4 to be used for recording statements of witnesses produced by the Presenting officer aswell as the Charged Government Servant.

9. Form OF/INQ/SW to be used for summoning of witnesses from either side.



Form OF/INQ/R5INQUIRY UNDER RULE 14, CCS (CCA) RULES 1965

Production of *New Evidence/Recalling witness [Rule 14 (15)](This form is to be used only if necessary)

Date of Proceeding……………………………………

------------------------------------------------------------------------------------------------------------------------------

Memorandum No…………………………………………… Dt………..............Fy………………………

Against Shri……………………………………… Desig……………….. T.TNo………………Fy……..

PRESENT

1. Inquiry Authority Shri………………………………………………………………………….

2. Charged Govt. Servant Shri……………………………………………………

3. Presenting Officer Shri………………………………………………………………………….

4. Defence Assistant Shri………………………………………………………………………….

------------------------------------------------------------------------------------------------------------------------------The *Presenting Officer/Defence Assistant proposes to produce the following*document(s)/witness(es) not included in the Annexure III/IV of the memorandum cited above (or recall andexamine Prosecution / Defence Witness, Shri…………………………………………………… alreadyexamined) and the same is permitted (or not permitted) by the Inquiry Authority, after taking into accountthe following circumstances/considerations:………………………………………………………………………………………………………………………………………………………………………………………………………………………………

The *Defence Assistant/Presenting Officer may inspect the documents in the list on or before(date)………………

The enquiry is hereby adjourned to……………………….. (date) when the said evidence will beproduced by the *Presenting Officer/Defence Assistant in accordance with the relevant rules.

(Inq. Authority)(Name & Designation)

ToShri…………………………………..(Defence Assistant) Sd……………………………………….Shri…………………………………(Presenting Officer) Sd……………………………………….

*Please delete whatever is not applicable



Form OF/INQ/R6Inquiry Under Rule 14, CCS (CCA) Rules 1965

CLOSING OF THE CASE FOR DISCIPLINARYAUTHORITY AND DEFENCE STATEMENT

RULE 14(16)

DATE OF PROCEEDING……………………………………………------------------------------------------------------------------------------------------------------------------------------

Memorandum No…………………………………………. Dt……………………..Fy…………………..

Against Shri……………………………………… Desig……………….T.No……………Fy……………

PRESENT

1. INQUIRY AUTHORITY Shri………………………………………………………………….

2. CHARGED GOVT. SERVANT Shri………………………………………………………………….

3. PRESENTING OFFICER Shri………………………………………………………………….

4. DEFENCE ASSISTANT Shri………………………………………………………………….

------------------------------------------------------------------------------------------------------------------------------

The following documentary and oral evidence has been produced on behalf of the Disciplinary Authority.

DOCUMENTS(1) P.1(2) P.2

Etc

Indicate their reference number and date if any and a concisedescription of the documents

WITNESS(1) PW 1(2) PW 2

Etc

Give names and designations clearly.

With the above the Presenting Officer states that the case for the prosecution is completed.

Inquiry Authority to Charged Government Servant:Now you have an opportunity to make a statement of your Defence, either orally or in writing as you mayprefer.

ANSWER BY THE CHARGED GOVT SERVANT:

(1) I would like to submit a written statement. (The written statement should be taken on record by theInquiry Authority. This fact should also be recorded in the order sheet and a copy of the statementshould be handed over to the Presenting Officer).

OR(2) I would like to make an oral statement. (This may be recorded, and a copy thereof be handed over to the

Presenting Officer).

The case is adjourned to ….hrs ………on (dt) ……. for recording of evidence on behalf of the charged govtservant.





PRODUCTION OF DEFENCE EVIDENCE RULE 14 (17)


Memorandum No…………………………………………. Dt……………………..Fy…………………..Against Shri……………………………………… Desig……………….T.No……………Fy……………

PRESENT:





------------------------------------------------------------------------------------------------------------------------------

INQUIRY AUTHORITY TO THE CHARGED GOVT SERVANT /DEFENCE ASSISTANT

Now you can produce your evidence witness/documents on your own behalf.Please state whether you wish to produce any witness/documents for this purpose.

ANSWER BY THE CHARGED GOVT SERVANT /DEFENCE ASSISTANT





GENERAL EXAMINATION OF CHARGED GOVT. SERVANT

RULE 14 (18)


Memorandum No……………………. Dt……………...Fy……………..Against Shri……………………… Desig……………….T.No………………Fy………………

PRESENT

1. INQUIRY AUTHORITY Shri……………………………

2. CHARGED GOVT. SERVANT Shri……………………………

3. PRESENTING OFFICER Shri……………………………

4. DEFENCE ASSISTANT Shri……………………………

------------------------------------------------------------------------------------------------------------------------------

Inquiry Authority to Charged Govt Servant: Would you like to offer yourself as a witness in yourcase? If yes, you will be subject to cross-examination by the Presenting Officer.

Reply of the Charged Govt Servant:

If Yes: Record the statement:

Cross examination by Presenting Officer:

This may at the discretion of the Inquiry Authority be followed by a general examination bythe Inquiry Authority – which will be recorded.

If No (1) There will be no cross examination.(2) There shall be a general examination by the Inquiry Authority in terms of the Rule 14(18) of the CCS (CCA) Rules 1965 – which will be recorded.





ARGUMENTS/WRITTEN BRIEFSRULE 14(16)


Memorandum No…………………………………………. Dt……………………..Fy…………………..

Against Shri……………………………………… Desig……………….T.No……………Fy……………PRESENT





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Production of evidence in these proceedings was completed on………………………………..

The following documentary and oral evidence has been produced on behalf of the Charged Govt Servant .DOCUMENTS

(1) D.1(2) D.2Etc

Indicate their reference number and date if any and a concise description of thedocuments

WITNESS(1) PW 1(2) PW 2Etc

Give names and designations clearly.

The presenting officer and the Charged Govt Servant /the defence assistant was informed that he/she maysubmit the arguments orally or by way of a written brief.

*Written brief dt……………….. and dt……………… was submitted on ………… which has been

taken on record.

*They submitted their arguments orally on……………………………………and recorded.

The enquiry was accordingly concluded.

Charged Govt Servant ……………………………………. Inquiry

Authority……………………………………Defence Assistant ……………………………… Presenting Officer…………………………………

*Delete whichever is not applicable



Form OF/INQ/SWInquiry Under rule 14 of CCS (CCA) Rules, 1965

Summons to Witness

To,Shri………………………………………………

Ref: Memorandum No…………………………….. Dt…………Against Shri……………………………

Desig…………………………Order No………………………………………..Dt……………………….

WHEREAS an inquiry into certain charges against the above said officer vide the reference cited above, is

being held by the undersigned.

AND WHEREAS it is considered that your evidence is material to the said inquiry.

2. NOW THEREFORE you are required to attend the hearing on ….(date)…. at …(time)… at(venue)….and to bring with you the documents specified below.

Inquiry Authority

(Name & Desig)

Copy to : Shri……………………………………………. (Charged Govt Servant – only in respect of defence

witness)

Through: DO/Admin(Vig),

The addressee of the summon is an employee of the Fy. Necessary arrangements may be made so that thesummons is complied with the ack. For the receipt thereof by the witness may be forwarded back

OR

The summons is addressed to a Central Govt. servant who is not an employee of the Factory. Necessaryarrangements may be made through the concerned Controlling Authority to enable the witness to complywith the summons. A brief report on action taken along with the acknowledgement for the receipt thereof bythe witness may be sent back.

OR

The witness is an outsider; the summons may be served on him by Regd. Post with A.D. Theacknowledgement may be forwarded to the Inquiry Authority for recording in the proceedings.



Form OF/INQ/R10Inquiry Under rule 14 of CCS (CCA) Rules, 1965

Inquiry Report

Memorandum No…………………………………………. Date……………………..

Against Shri……………………………………… Desig……………….T.No……………Fy……………

PART IPREAMBLE

The undersigned was appointed vide Order No……………………………….Dt…………...to inquire

into the charges framed against the said Shri…………………………………………….. vide the

Memorandum referred to above. In pursuance thereof the Inquiry was conducted in accordance with Rule 14

of the CCS (CCA) Rules 1965. The Orders are at Annexure A (No of pages ___).

Shri……………………………………………. Desig…………………. was appointed as thePresenting Officer by the Disciplinary Authority vide Order No……………………………… Dt……….

Shri………………….………………………….. Desig……………………….. was associated by

Shri………………………………………. Charged Govt. servant as his Defence Assistant.

Details regarding Defence Assistant: Annexure B

*Charged govt Servant wishes to engage aDefence Assistant

*Charged govt Servant does not wish to engage aDefence Assistant

* The Charge Govt Servant has been permittedto engage a legal practitioner by the

Disciplinary Authority – a copy of the saidorder in enclosed at

1. Permission of the Disciplinary Authority

2. Vakalatnama of the Legal Practitioner* The Charge Govt Servant has been permittedto engage a defence assistant from anotherdepartment / another station. Reasons in brief are given alongside – for details please seeOrder Sheet – Page no.____ and DailyProceedings on ----(date)--------

1. Reasons for allowing outsider as Defence Assistant:2. Willingness of the Defence Assistant3. Statement of the Defence Assistant that he is notinvolved in more than three cases as DefenceAssistant – duly confirmed by his Vigilance Office.

*Defence Assistant is an employee of thisFactory

1. Willingness of the Defence Assistant2. Statement of the Defence Assistant that he is notinvolved in more than three cases as DefenceAssistant – duly confirmed by his Vigilance Office.

PART II

IMPUTATIONS AND CHARGES

This part is a verbatim reproduction of the Articles of Charge and the Imputations of Misconduct that werecommunicated to the Charged Govt Servant through the charge memorandum under reference.



PART III

Annexure C : The list of documents produced by Presenting Officer:

Sl. No. Name of Document No of sheets

Ref Articleof Charge

No.C1C2C#

Annexure D : The list of Oral Statements of Witnesses produced by the Presenting Officer, including thestatements in cross-examination:

Sl. No. Name of WitnessNo of sheets


No.D1

D2D#

Annexure E : The list of documents produced on behalf of Charged Government Servant:



No.E1E2E#

Annexure F : The list of Oral Statements of Witnesses produced on behalf of the Charged GovernmentServant including the statements in cross-examination:



No.F1F2F#

Annexure G : Statement of the Charged Govt Servant as a witness in his case along with his statement incross examination or the record of his General Examination by the Inquiry Authority:

Annexure H : Written brief of Presenting Officer

Annexure I : Written Brief of Charged Government Servant



PART IVASSESSMENT OF EVIDENCE AND FINDINGS

(This is the part where the Inquiry Authority has to apply his mind in a clear and impartial manner)

The following charges were admitted by the Charged Govt Servant and as such they are established ascorrect.………………………………………………………………………………………………The following charges were denied by the Charge Govt Servant and the Inquiry proceeded in respect of these charges.………………………………………………………………………………………………

Regarding Charge (#):

The Presenting Officer submitted documentary/oral evidence in support of the charge………………………………………………………………………………………………………………towhich the rebuttal by the Charged Govt Servant was as follows:

………………………………………………………………………………………………………………It isseen that the preponderance of probability of the event having occurred/not occurred or the offence havingbeen committed/not committed is clear. The following facts / logical sequence would indicate that the …….Accordingly, the charge of ……………………… is clearly *established/not established as correct.

(REPEAT THIS EXERCISE FOR EVERY ONE OF THE CHARGES IN RESPECT OF WHICH THE INQUIRY WAS CONDUCTED)

(DO NOT, REPEAT, DO NOT, RECOMMEND ANY PENALTY, LENIENT VIEW OR ANY ACTION TO THE DISCIPLINARY AUTHORITY)

Enclosures: Annexure A to I

Inquiry Authority

Place…………………………………………… Name………………………………..

Date………………………………………….. Desig………………………………...

To: *GM/Disciplinary Authority………………………… Fy/DGOF

_________________________________________* Delete whichever is not applicable

Guidlines for Conducting Inquiry by Inquiry Authority

Documents

Transcript of Guidlines for Conducting Inquiry by Inquiry Authority