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| Type | Commercial Circular |
|---|---|
| Topic | ticket-checking |
the inquiry officer shall require the charged officer to submit his statement of
Chapter 3 BROAD STAGES IN DEPARTMENTAL PROCEEDINGS Holding Preliminary Inquiry 1. Its purpose is to find out whether there is a prima facie case for institution of disciplinary proceedings and, if so, to collect evidence there for. Preliminary inquiry enables the department to find out (a) exact nature of the misconduct, if any, committed; (b) to identify the culprit(s); (c) to collect both documentary and oral evidence; and (d) to take remedial measures to plug loopholes detected in the existing procedures and methods. The holding of preliminary inquiry does not mean that the disciplinary authority has made up its mind that suspected employee is guilty. There is no punitive element in this inquiry. Provisions of Art. 311(2) of the Constitution are not applicable to it [Champaklal v. Union of India, AIR 1964 SC 1854]. Preliminary inquiry can even be held ex-parte but for the sake of fairness and to take into account his version, an explanation is taken from the person concerned. The procedure for holding preliminary inquiry is not laid down either in the rules or at any other place. In fact, it is an informal type of inquiry without any well-defined form or procedure though with a definite purpose. Based on their experience, the Authors have given, in Chapter 3 of their book "Hand Book for Disciplinary Authorities" practical guidelines as to how an officer should proceed to hold the preliminary inquiry. It has been held that any defect in holding of preliminary inquiry does not have the effect of vitiating the regular inquiry [Narayan Ranteerthakar v. State of Maharashtra, (1997)1 SCC 299]. In case the evidence collected during preliminary inquiry is to be relied upon during regular proceedings, the accused employee should be supplied with copies of such evidence so that he can put up his defence effectively [State of Assam ४. Bimal Kumar, AIR 1963 SC 1622]. However, the disclosure of source of information to him is not necessary [Subharao \V. Public Service Commission, AIR 1961 A,.P. 368]. The statement made by वे witness during preliminary inquiry cannot be used in the regular inquiry against the charged officer unless the witness concerned is summoned betore the inquiry officer, makes his deposition before him in the presence of charged employee and is subjected to cross-examination [Central Bank of India v. P. C. Jain, AIR 1969 SC 983; Union of India v. T.R. Varma, AIR 1957 SC 882]. [38] Chapter d ANOAD STAGES TIN DEPATTI MENTAL PHOCERDINGS a9 Issne of Change Sheet 2, Where, ina ease, the divelpliniry authority decides to institute regular diseiplinary proceedings, adeeivion ii taken by hin whether the proceedings should be witha view to lnposing a iminor penally ora major penalty, In case of proceedings fora minor penalty, allegations are communicated to the person concerned and he ix proceeded against in accordance with rule 16 of the CCS (CCA) Rules, 1965, or any other similar rule, Hut, if major penalty proceedings are to be instituted, the first step in to issue a charge sheet, It consists of a letier or a memorandum containing the proposal to take such action and has the following documents, as its annex ures | (i) definite and distinet Articles of Charge, Gi) a Statement of the Imputations of misconduct: or misbehaviour on which the charge is based containing all relevant facts with full particularity including any admission or confession made by the employee; (ii) alist of Documents by which, and (iv) list of Witnesses by whorn the Articles of charge are proposed to be sustained, It is of great importance that every fact or reference is mentioned in charge sheet correctly. It should be ensured that no mistake creeps in. In a case where an error in citation of a reference occurred it Jed to quashing of the charge sheet /State of’ Orissa v. Sangam Keshari Misra, C.A. Nos.8509-6510 of 2003 decided by Supreme Court on 19.10.2010] 3. The charge sheet must be clear, concise and contain full particularity.
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