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| Type | Commercial Circular |
|---|---|
| Topic | reservation |
Article 311 (2) “No person shall be dismissed or removed or reduced in rank except after enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges “.
<!-- Slide number: 1 --> # Conducting of Enquiries “Departmental enquiry is not an empty formality; it is a serious proceeding intended to give the officer concerned a chance to meet the charge and to prove his innocence” - Supreme Court of India It is well-settled that a disciplinary enquiry has to be quasi-judicial enquiry held according to the principles of natural justice and the enquiry officer has a duty to act judicially. Anil kumar V Presenting Officer, AIR 1985 SC-1121 The procedure must not only be fair and also reasonable but also bear a convincing appearance that justice has been done. There should be no trace of bias or partial attitude. The CO must have a feeling that he was given a fair deal. There is no prescribed procedure except the limitation that enquiry should be in accordance with the principles of natural justice. No one can be judge of his own cause and no decision can be given against a party without affording him a reasonable hearing. Enquiry must be held in good faith and not arbitrarily or unreasonably. Departmental enquiry proceedings are a branch of quasi-judicial proceedings and some fundamental principles of judicial proceedings are applicable. The scope of the enquiry is to find whether CO is guilty of some misconduct/misbehaviour. Justice must not only be done but should also appear to be done. The departmental proceedings unlike a criminal proceedings does not end in penalty. It only ends with an opinion of the EO which may or may not be accepted by the DA. Article 311 (1) “No person who is a member of civil service or All India Services or holds a civil post under union or state shall be dismissed or removed by an authority subordinate to that by which he was appointed. Article 311 (2) “No person shall be dismissed or removed or reduced in rank except after enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges “. <!-- Slide number: 2 --> Principles of Natural Justice PNJ are principles which are considered as vital to ensure justice and to give due protection to employees whose conduct is under consideration. Does not refer to any one principle. There are more than one principle which are recognized as basic to the procedure relating to fair determination of the dispute between parties. PNJ only lay down the procedure and they have nothing to do with the merit of the case. It can also be called as the principles of procedural justice. The aim of the PNJ is to secure justice or to put it negatively, to prevent miscarriage of justice and they do not supplant the law but supplement it. No one should be condemned unheard. Decision must be in good faith and supported by reasons by writing speaking orders. These principles are now well-settled and are four in Nos. Every person whose civil rights are affected must have a reasonable notice of the case he has to meet. He must have reasonable opportunity of being heard in his defence. A hearing must be in an impartial manner. The authority must act in good faith and not arbitrarily but reasonably. The test is to see whether there is such manifest failure of justice as to shock the conscience of a reasonable man. The only essential point that has to be kept in mind in all cases is that the person concerned should have a reasonable opportunity of presenting his case and that the administrative authority concerned should act fairly, impartially and reasonably. <!-- Slide number: 3 --> Stages in Departmental proceedings Issue of charge sheet Reply to the charge sheet Perusal of original documents Supply of additional documents Appointment of Enquiry Officer Appointment of Presenting Officer Nomination of Defence Helper <!-- Slide number: 4 --> Preliminary Hearing The scope of the PH is to sort out preliminaries and to arrange for inspection of official documents. IO directly question the CO to know whether He has receive
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