Table of Contents
Draft of appointment of enquiry officer
Draft –
Draft of appointment of Enquiry officer
To
……………………………………………………
……………………………………………………..
……………………………………………………..
SUBJECT: Appointment as Enquiry officer
Dear Sir,
This is to inform you that a charge sheet dated…… Was served on Shri-………………..(give
name and address), the reply to which is submitted on…………..Since the explanations
submitted were not satisfactory by the management, we wanted to hold an enquiry into
the charges mentioned in the aforesaid charge sheet.
We have the pleasure to appoint you as the enquiry officer to conduct this enquiry into
the alleged charges against .You are requested to hold the enquiry during the duty hours
on any day as convenient to you preferably in three months and send us your findings to
us
Kindly inform Sh ………………regarding date, time and place of enquiry and forward us a
copy of the same. Enquiry should be held according to principles of natural justice and
our standing orders.
Copies of the charge sheet and explanations of the employee are enclosed
Kindly also send your consent to be enquiry officer for this enquiry.
.
Thanking you,
Yours Sincerely,
For………………………………..
(AUTHORISED SIGNATORY)
- The CCS(CCA) Rules, 1965’s Rule 14(2) mentions the appointment of the Inquiry Officer (IO). According to the clause, “Whenever the disciplinary authority (DA) is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour of a government servant, it may either inquire into the matter itself or designate a body to do so.” The disciplinary authority should appoint a different officer to serve as the inquiry officer rather than acting as the inquiring officer unless it is absolutely necessary.
WHO SHOULD BE SELECTED TO BE AN INQUIRY OFFICER - The tenets of natural justice imply “fairness of process,” “objectivity of judgement,” and “clear speaking order.” This means that the person chosen to serve as the inquiry officer should meet the following criteria: (i) have no personal stake in the outcome of the inquiry or the subject matter; (ii) be impartial; (iii) not be a witness in the proceedings; (iv) not have previously expressed an opinion about the case’s merits; and (v) be sufficiently senior to the charged officer to command the confidence of all parties.
REQUEST TO REVOKE THE APPOINTMENT OF AN INQUIRY OFFICER - When the Charged Officer moves an application alleging bias against the Inquiry Officer, the proceedings should be halted, and the application and any supporting documentation should be sent to the Revisionary Authority for review.
- and giving the necessary orders in that regard. As soon as government employees become aware of the bias, such applications should be transferred. It is recommended that such an application be made as soon as possible after the Inquiry Officer has been appointed, while there is no hard and fast rule that can be established about the timing of such a move.The reason for this is that, if the government employee believes that the result is likely to be against him, he cannot be permitted to sit on the bench until the proceedings have moved along sufficiently or have been finished.
- The duties of an inquiry officer
- Even if the disciplinary authority created the inquiry officer, he is not under its control or influence when it comes to how the investigation is run, how the evidence is evaluated, or how the investigation’s findings are reached. He should be able to carry out his duties autonomously and without intervention.
- The Disciplinary Authority (DA) shall provide copies of the following papers to the Inquiry Officer (IO), either simultaneously with the letter of appointment or promptly thereafter, to enable the Inquiry Officer to conduct the inquiry:
