Punjab Government Circular

letter No. 13/18/83-2PP/1153,

dated 24-02-1984

GUIDELINES FOR INQUIRY OFFICER,

INTRUSTED INQUIRIES UNDER
PUNJAB CIVIL SERVICES
( Punishment & Appeal) Rules 1970.
 General Principles :
 1. Inquiry officer has to conduct the proceedings
within the framework of Punjab Civil Services
(Punishment & Appeal) Rules 1970.
 2. He is also to follow instructions issued there
under from time to time.
 3. With the objectivity of approach and judicial
independence, he is to record his findings on the
basis of evidence adducted and to report whether
the charges against the delinquent Government
Employee are proved or not.
 4. He should be free from any bias and be impartial.
 5. He should not condemn any body unheard and
should follow the rules of natural justice,
 6. The party should have given an opportunity
to produce all relevant evidence on which he
relies.
 7. The party should have given an opportunity
of cross examining the witnesses examined
by the other party.
 8. Evidence of opponents should be taken in
his presence.
 9. No material should be relied upon against
the delinquent Government Employee
without his being given an opportunity of
explaining them.
10. It is not essential for the
inquiry officer to follow
the provisions of Indian
Evidence Act for taking
evidences, but rules of
natural justice be followed.
 PRELIMINAY STAGE
 1. Before the commencement of the enquiry the
enquiry office should satisfy himself that he has
received:
 Orders of the competent authority appointing him inquiry
officer.
 Copy of the articles of charges and the statement of the
imputations of misconduct or misbehaviour.
 Copy of written statement of defence, if any, submitted by
the Government Employee to the Government.
 Copy of statement of witnesses, if any,
 Evidence proving the delivery of document (s) to be
delivered, to the Government Employee.
 Copy of the orders appointing the “ Presenting Officer”
(If any of the above documents are not received by him he should ask for
those, to be supplied.)
 APPEARANCE
 Inquiryofficer is required to send a
written notice specifying day and time of
appearance before him, to the
Government employee, within 10 working
days of receipt of article of charges and
the statement of imputations of
misconduct and misbehaviour by the
Government Employee or within further
time not exceeding 10 days may be
allowed by the inquiry officer.
 RECORDING OF PLEA - 8(9)&8(10)
 1. On appearance of the Government
employee the enquiry office should ask him, if
the Government employee has not already
admitted any the articles of charge in his
written statement, or has not submitted any
written statement. If he pleads guilty, enquiry
officer should record the same and get
signature of the Government employee and
return the findings of guilt in respect of those
articles of charges to which the Government
Employee has pleaded guilty.
Failure/Refusal/Omission to Plead.
8(11)
 In case the Government employee
fails/refuses or does not appear before
him he shall:
 Order the presenting officer to produce the
evidence by which he proposes to prove the
article of charge.
 Adjourn the case to next date not exceeding
thirty days for presenting officer to produce
evidences.
 Record and order that Government Employee may for
preparing his defence:
(a) Inspect within five days of the order or within such further time
which should not exceed five days, as the enquiry officer may
allow, the following documents:
i) The substance of imputations of misconduct or misbehaviour in to
definite and distinct articles of charge
ii) Statement of imputations of misconduct or misbehaviour in support of
each article of charge which shall contain
1. A statement of all relevant facts including any admission or
confession made by the Government employee.
2. A List of documents by which and a list of witnesses by whom,
the article of charges is are proposed to sustain.
(b) Submit the list of witness to be examined on behalf of
Government employee;
(c) Give notice for discovery or production of document which is in
possession of Government but not mentioned in (a) above. This
notice is to be given by the Government Employee with in ten days
of the order of the enquiry officer or within such further period of
time not exceeding 10 days as may be allowed by the enquiry
officer.
 DISCOVERY/PRODUCTION OF
RECORD & SUPPLY OF COPIES OF
DOCUMENTS
 If the Government employee applies for the discovery
or production of record by the Government in his
defence, the request shall be granted.
 The enquiry officer shall ensure that documents
sought are relevant for the purpose of enquiry.
 The Government employee is required to indicate the
relevance of the documents required by him.
 Inquiry officer can decline any such request for the
reasons to be recorded by him in writing.
 The enquiry officer then place the requisition along with the
notice or copy thereof with the authority in whose
custody/possession the documents are kept. He will mention
the date for production of record in the requisition.
 No request form the Government employee shall be granted by
the enquiry officer for the supply of copies of listed documents
except copies of statements, if any, of the witnesses to be
produced during enquiry.
 If the delinquent Govt. Employee, applies orally or in writing for
supply of copies of statement of witnesses examined during
preliminary enquiry or investigation, then copies of those
statements of witnesses are to be supplied on which reliance is
proposed to be made by the punishing authority.
 These copies shall not be supplied later than three days before
the commencement of the examination of witnesses on behalf
of punishing authority.
 If due to certain reasons it is not possible to furnish the
Government Employee with those copies, the enquiry officer
should allow him to make copies for himself.
(Note: 8(11) letter No. 5746 SII(3) 72 dated 16.10.1972.)
 RECORDING OF EVIDENCE
8(15) TO 8(18)
1. Proceedings shall be conducted in the
presence of the delinquent Government
Employee unless held ex parte. Day to day
proceedings shall be held as for as possible
and long adjournments should be avoided.
2. Statement of witness shall normally be
recorded in narrative and not in question and
answer form. But if it appears to the enquiry
officer that witness is concealing the truth,
answers may be elicited by putting a specific
question and recording his answer.
3. Firstly all oral and documentary evidence on behalf
of punishing authority shall be allowed to be
produced.
4. During recording of evidences, such questions to the
witnesses as are irrelevant, or malicious or scandlous
or mischievous in nature, should be disallowed.
5. Enquiry officer, may, however, put such questions to
the witness at any time to bring out the truth to
clear any doubt in statement.
6. The presenting officer is entitled to re-examine the
witness on any point on which they have been cross
examined, but for re-examine of any new question
permission of inquiry officer is necessary.
7. New evidence may be permitted by the
enquiry officer before the close of the case on
behalf of punishing authority or Government
Employee. If in his opinion it is necessary
and in the interest of justice and not with a
view to filling up gaps in evidence. The
enquiry officer may himself call for new
evidence or recall or re-examine any witness.
8. On demand, the enquiry officer shall supply to
the Government Employee, the copy of list of
further evidence proposed to be produced
and an adjournment of inquiry for three clear
days before the production of new evidence,
excluding the days on which and to which the
case if adjourned.
9. The enquiry officer shall also give the
Government Employee an opportunity to
inspecting such documents before they are
taken on record.
10. If the delinquent Government Employee raises
some objections or issues which call for
decision, the enquiry officer, after giving
notice to the presenting officer, may decide
the same by writing or speaking order. The
case shall, under no circumstances be
remitted to the punishing authority nor shall it
be adjourned pending decision of the
punishing authority.
11. When the case of the punishing authority is
closed, the Government Employee, shall be
required to state his defence orally or in
writing. The oral evidence shall be recorded
by the inquiry officer and signatures of
Government Employee obtained thereon. A
copy of statement of defence shall be given to
the presenting officer.
12. Production of evidence and witnesses by the
Government employee, their examination,
cross-examination, re-examination, and
examination by the enquiry officer, has to be
according to the provisions applicable to the
witnesses for the punishing authority.
13. After the close of the case by the delinquent
Government Employee, He shall be examined and all
circumstances appearing against him in evidence
may be put to him with a view to affording him an
opportunity to explain the circumstances appearing
against him.
14. It will be appropriate to ask the Government
Employee as to why the witnesses on behalf of the
punishing authority are deposing against him.
15. In case a Government employee chooses he may be
examined on his own behalf like other witnesses and
his testimony so recorded, shall be appraised as any
other piece of evidence brought on the record.
16. Afterthe completion of evidence by
both the parties, the inquiry officer
may hear the presenting officer, and
the delinquent Government
Employee as the inquiry officer may
permit them. If they so desire, to
file written brief of their respective
cases.
 Engaging a legal practitioner.8(8)
a) A Government employee is permitted to take
the assistance of another Government
Employee or a retired Government employee
to present his case.
b) The enquiry officer should not permit him to
engage a legal practitioner unless the
presenting officer is a legal practitioner.
c) Punishing authority may permit the
Government Employee to engage a legal
practitioner.
 Ex-parte Proceedings 8 (20)
 The inquiry officer may hold the inquiry ex-
parte if:
1. If the delinquent Government Employee
does not submit the written statement of
defence by the due date or
2. Does not appear in person before the
inquiry officer.
3. fails to comply with the provisions of Rule 8
of the Punjab Civil Service (Punishment &
Appeal) Rules 1970.
 Important:
 The inquiry officer should consider the grounds of
absence of the Government employee from the
disciplinary proceedings on their merits and take
decision whether to condone the absence or not.
 However, if there is persistent default on the part of
the Government Employee and the inquiry officer is
of the opinion that Government Employee is
adopting dilatory tactics. He may take exparte
decision.
 If during the course of exparte proceedings, the
delinquent Government Employee appears before
the inquiry officer, he should be allowed to join the
proceedings at that stage but proceedings shall not
be held de-novo.
 Change of inquiry officer 8(22)
 In the event of Change of inquiry officer:
a) The successor officer may act on the
evidence recorded by his predecessor
or partly recorded by his predecessor
and partly by himself.
b) But if in the opinion of the succeeding
inquiry officer it is necessary in the
interest of justice to further examine
any witness whose evidence has
already been recorded by his
predecessor, he may call, examine,
cross-examine and re-examine such
witness.
 Mode of service of notice/orders
 The order or notice under the rules is to be
served in person on the delinquent Government
Employee or communicated to him by a
registered post.
 If, however, in any case serving of notice,
orders etc., in person or by a registered post is
not possible, .e.g., whereabouts of the
employee are not known, or employee has
proceeded abroad, the same should be
published in a daily newspaper.
Compelling attendance of witness & production of
documents in exceptional circumstances
.(Pb. Govt. letter No. 6888-G-55/16442, dated 15th June, 1955)

 The inquiry officer is legally competent to exercise the

powers as are exercisable by a commission appointed
for enquiry under Public Servant (Inquiries) Act.,
1850.
 He can summon the witness & can compel the
production of documents.
 A person disobeying a process issued in this behalf, is
liable to same penalty as if the process issued by court
has been disobeyed.
 The inquiry officer, derive these powers under Punjab
Departmental Enquiries (Powers) Act., 1955.
 The Presenting officer or the delinquent
Govt., employee may be allowed to
produce his witness.
 A witness could be summoned for evidence
or producing of documents.
 Where there is disobedience to the process
issued by the inquiry officer, a notice may
be sent to the witness through the District
Judge in whose jurisdiction the witness
reside.
 These summons should be in the forms as
per annexure A, B, C as under:
 Annexure ‘A’
Summons to Witness
[Section 2 of the Punjab Departmental Inquiries (Powers) Act, 1955 read with Section 8 of Punjab Servants
(Inquiries) Act, 1850 {Act No. 37 of 1850}]
Departmental inquiry being held in relation to Sh./ Smt /.Kumari………………………..
Designation……………. Working in the …………………………( Name of the Department /
Office.
To
______________ ( Name and address of the witness)
______________
Whereas your attendance is required to give the evidence / produce document
-----------on behalf of ……………(Name of defendant/ Department Concerned)……….
………….in the above Departmental enquiry, you are hereby required ( personally) to appear
before this Inquiring Authority on the ___day of _____(Name of month) 19….. at ……. O’ Clock
in the forenoon/afternoon and to bring with you ( or to send to the Inquiring
Authority………………………( Description of documents required.)

If you fail to comply with this order without lawful excuse, you will be subject to the
consequences of non-attendance laid down in Section 9 of Public Servants (Inquiries) Act.,
1850. Inter alia entailing you prosecution under Section 174 on Indian Penal Code.
Given under my hand and the seal of this Inquiring Authority this day of _____ (Name of
the month)_____200__

Inquiring Authority.
 Annexure ‘B’
Request for Transmission of Summons to be Served on a
Witness in a Departmental Inquiry
[Section 2 of the Punjab Departmental Inquiries (Powers) Act, 1955 read with
Section 8 of Punjab Servants (Inquiries) Act, 1850 {Act No. 37 of 1850}]

To
______________( Name and address of the District Judge
______________ concerned)

Under the provisions of Section 2d of Punjab Departmental

Inquiries (Powers) Act., 1955, read with Section 8 of the Public
Servants Inquiries Act, 1850 ( Act No. 37 of 1850, a summon in
duplicate is herewith forwarded for service on the witness
_______ (Name) __________(address). You are requested to
cause a copy the said summons to be served upon the said
witness and return the original to this Inquiry Authority, signed
by the said witness, with a statement of service endorsed
thereon by you.
Inquiring Authority.
 Annexure ‘C’
Form for Summoning Public Servant as a Witness
No. ____________
Office of the ……………….
Punjab, Chandigarh.
(Place of Issue), Dated…….

To
___________
___________

I am appointed as the Inquiry Authority for holding an

inquiry against Shri / Smt./ Kumari __________ . I request you to
appear before me on ______at _________( time and place )
Your presence for the above purpose may be treated
in terms of the Punjab Departmental Inquiries (Powers) Act., 1955.
Inquiring Authority
Copy to ___________ with the request to permit the
official mentioned above to attend the enquiry on due date.

Inquiring Authority
The recourse of mode mentioned
above, may be had only in
exceptional circumstances.
And shall not be resorted to in
summoning Government employee
of documents in custody of the
Government as the same can be
obtained otherwise.
 Standard of Proof
Letter No. (GOI)2S-II-75/35048, dated 4th/8th September, 1975

 Standard of proof in the case of domestic

enquiries is not as strict as is in criminal cases,
i.e. beyond all reasonable doubt.
 The findings in a departmental enquiry are to
be based on the preponderance of probabilities
as in civil cases.
 From the facts on the record, all inferences
may be drawn which any rational and prudent
person normally do.
 Recording of Reports 8(23)
1. After the conclusion of the enquiry the enquiry
officer shall prepare a report. The findings should
be based strictly on evidence adduced during the
course of enquiry.
2. The reasons for accepting or rejecting any plea or
contention or any evidence should be clearly stated.
3. No material from personal knowledge or other
extraneous consideration should be imported, while
giving the findings. But judicial notice of law in force
and relevant Codal provisions may be taken.
4. If the evidence on record establishes a charge
different from the original charge, the inquiry officer
may write his findings thereon also.
5. The findings shall not be recorded on any
article of charge different from the original
articles of charge unless the Government
Employee has either admitted the facts on
which such article of charge is based or has
had a reasonable opportunity of defending
himself against such article of charge.
6. The Principles of natural justice, equity and
fair play should be kept in mind by the inquiry
officer while preparing reports.
7. The Inquiry Officer shall, under no
circumstances, propose the penalty which
may be imposed, in his report.
8. The report shall contain:
1. A brief introduction leading to the enquiry.
2. A gist of charges.
3. Summary of evidence of both the sides with regard to
each article of charge.
4. Summary of defence of the delinquent Government
employee in respect of each article of charge.
5. Reasons for acceptance and rejection, in whole or in
part, of the evidence of either party.
6. The conclusions arrived at with reference to each article
of charge.
9. Even when exparte proceedings are taken,
the Inquiry Officer shall record the evidence
and write report.
Enquiries against the employees of Corporation
of Boards
Punjab Govt. Letter No. 12/5/79-6PP/10726, dated 31st August, 1981.

 As far as possible the enquiries against employees of

Public Undertakings should be done by the Officers of
the concerned Corporation/Board.
 Where in exceptional circumstances it is necessary to
entrust enquiry to an officer of State Government the
Chief Secretary, in IAS or PCS Branches or in
Establishment-I Branch should be consulted, with
regard to appointment of an officer. The enquiry would
be entrusted to the officer so nominated by the Chief
Secretary.
 While placing the requisition for appointment of Inquiry
Officer, the quantum of honorarium admissible should
be indicated.
 No requisition for the appointment of an Inquiry
Officer, by name should be entertained as
acceptance thereof could vitiate the entire
proceedings and violate principles of natural
justice.
 In no case Inquiry or other work involving
payment of remuneration should be entrusted
by any public undertaking to any officer of the
Government without prior permission of the
authority competent to grant such permission.
 No officer of State Government should accept
such additional work without the prior approval
of the competent authority. Any officer doing so
will render himself liable to disciplinary action
under conduct rules.