Can the Inquiring Authority question the charged officer?
32. Can the Inquiring Authority question the charged officer?
The Inquiring Authority is required under Rule 14(18) to question the Charged Officer
generally about the circumstances appearing against him. However, probing
questions which may lead to incrimination of the Charged Officer will cast aspersions
about the role of the Inquiring Authority.
Inquiry proceedings were set aside in Moni Shankar Vs. Union of India (UOI) and
Anr. [JT2008(3) SC484, (2008)3SCC484, 2008 (3)SLJ325(SC)] for the reason that
the Inquiring Authority had exceeded his limit in asking the mandatory question, as
may be seen from the following:
18. The Enquiry Officer had put the following questions to the appellant:
Having heard all the PWs, please state if you plead guilty? Please state
if you require any additional documents/witness in your defence at this
stage? Do you wish to submit your oral defence or written defence
brief? Are you satisfied with the enquiry proceedings and can I
conclude the Enquiry?
19. Such a question does not comply with Rule 9(21) of the Rules. What were
the circumstances appearing against the appellant had not been disclosed.