Departmental Enquiry and its Necessity for Discipline of Employees
Departmental Enquiry
The concept of Departmental Enquiry is normal in every department to find out the truth of allegations against employee.
The principle of natural justice mandates enquiry before awarding any major penalty to any employee.
The CCS (CCA) Rules, 1965 is basic rule book which guides disciplinary authority to initiate departmental inquiry.
Departmental Enquiry in BSF/CRPF/CISF/ITBP/SSB
Although CCS (CCA) Rules, 1965 governs procedure enquiry but in paramilitary forces like BSF/CRPF/CISF/SSB, their respect Acts will also apply.
The Commandant, Deputy Inspector General (DIG), Inspector General (IG), Director General (DG) exercise their powers under their respect Acts and Rules while awarding punishments or under appellate jurisdiction.
Departmental Enquiry in Criminal Cases
Sometimes police registers criminal complaint against government employee and further police may arrest that employee.
In such situation disciplinary authority may order enquiry in criminal cases whereby the employee tarnished the image of department.
Second or de-novo Enquiry
The validity of second enquiry or de-novo enquiry is always discussion topic among government employees.
Where appellate authority found that enquiry has adopted the requisite standard of enquiry without taking sufficient evidences.
Sometimes Central Administrative Tribunal (CAT) also gives liberty to department to conduct de-novo enquiry after giving ample opportunity of hearing to the delinquent employee.
The object of second enquiry to offer sufficient opportunity of hearing to the employee and to defend himself against the Charges placed against him.
Departmental Enquiry after Retirement
Can enquiry continue after retirement? This question always comes in the mind of employee who is facing departmental inquiry at the time of retirement.
Earlier High Courts and Supreme Courts gave precedents that enquiry may continue after retirement.
However, recently Hon’ble Supreme Court held that department should complete the enquiry before retirement.
Means no enquiry will continue after retirement of employee.
Major Penalty after Departmental Enquiry
Disciplinary Authority may award Minor penalty merely after issuance of show cause notice but enquiry is mandatory to award Major Penalty.
Article 311 of Constitution of India provides protection to Government Employees against illegal major penalties.
Mere FIR does not attract Enquiry
Many times disciplinary authority starts enquiry after registration of FIR. But mere FIR does not attract inquiry proceedings.
Disciplinary Authority may pass suspension order under CCS (CCA) Rules, 1965 but mere FIR against employee does not attract departmental enquiry.
If police found sufficient evidences against the employee and files charge sheet, then after competent authority can initiate disciplinary proceedings.
However, the authority should not any delay in departmental proceedings to avoid any embarrassment from the Court.
The Hon'ble Supreme Court held that no court should pass order of stay on disciplinary proceedings in routine manner.
Frequently Asked Question
1. Whether departmental enquiry resulted into punishment ?
Answer: No, role of departmental enquiry to find out the truth of charges framed against employees.
2. Whether the principle of benefits of doubt is applicable in departmental enquiry ?
Answer : No, principle of benefits of doubt is not applicable in domestic enquiry as available in criminal trial.
3. Whether public servants have any fundamental rights guaranteed under Article 14 and Article 16 ?
Answer: Yes, public servants have both rights.
4. Is Departmental Enquiry is always necessary for removal of public servants ?
Answer : Yes, Departmental Enquiry is always necessary Not only for removal but also for major penalty.
5. Whether employee has right to receive copy of departmental enquiry report before punishment ?
Answer: Yes, employee has right to receive copy of departmental enquiry before hearing on punishment.