Sub:
Inquiries - Conduct of common enquiry into the charges Against more than one
charged Officer in common Proceedings - Instructions - Regarding.
Ref: U.O.Note
No.439/COLR/2003-1 , G.A.(COLR) Deptt., dt.05-07-2003.
It has been brought to the notice of the Government that several deficiencies were noticed during the course of conduct of inquiries into the charges against more than one officer in a common proceedings. Though the Rule 24 of APCS (CCA) Rules, 1991, provides for ordering a common inquiry into charges against more than one charged officer of the same or of different services, the disciplinary authorities are not mentioning the above rule position or even the expression Common Inquiry / Common Proceedings in the order of appointment of Inquiring Authority while ordering inquiry. The proper course of action to be taken under each contingency is indicated as shown below:
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CONTINGENCY |
ACTION
TO BE TAKEN |
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(i) |
Among
all the Charged Officers there may not be a uniform line of defence and each
one will try to implicate other Charged Officer to save his own skin. |
In
a such a case the other Charged Officers if they so desire may be allowed to
have a copy of the written defence statement(s) or written brief(s) submitted
by other Charged Officer for the purpose of rebutting such of the
incriminating statement made by the Charged Officer.
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(ii) |
During the course of cross-examination of prosecution witnesses, one charged officer may elicit certain information, which is going against the interest of the other Charged Officer.
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A
fair chance will have to be given to the other Charged Officer to
cross-examine the witness on that matter.
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(iii) |
During
the course of inquiry defence witnesses cited by one Charged Officer may
state something incriminatory against any other Charged Officer.
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In
such a case the other Charged Officers will have the right to cross-examine
the defence witness cited by the first Charge Officer. |
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Iv) |
When
one Charged Officer while examining himself as his own witness deposes
something incriminating against any other / all other Charged Officers. |
In
such a case the other charged officer / their defence Assistants will have a
change to cross-examine that Charged Officer who is examining himself as his
own witness.
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(v) |
When
one of the Charged Officer is cited as defence Witness by the other Charged
Officer, whether he shall be allowed to examine the Charged Officer as his witness?
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In such a case the Charged Officer who is cited as defence witness by the other Charged Officer, it is voluntary for him to give evidence, but he cannot be compelled to giveevidence against his wishes.
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(vi) |
When
in a common proceeding, on the directions of a Court of Law if the inquiry
against anyone or few of the Charged Officers is separated and asked to
complete it before the other Charged Officer, particularly when the other
Charged Officer got stay of order on the proceedings. |
In such a case action on the inquiry report in respect of those Charge Officers may be taken along with other Charge Officers. Otherwise, there is a possibility that the Charge Officers in whose case inquiry is not completed may; seek a relief under the guise of out come of the inquiry report in respect of first Charge Officer. |
All
the Departments of Secretariat, Heads of Departments and District Collectors
are requested to follow the above suggestions. They may bring these
instructions to the notice of all concerned disciplinary authorities for their guidance
and compliance.
