Can the inquiry be held ex-parte if the charged officer seeks adjournment on medical ground without producing medical certificate?
7. Can the inquiry be held ex-parte if the charged officer seeks adjournment
on medical ground without producing medical certificate?
It has been held in the case of Union of India Vs. I S Singh [1994 SCC Supl. (2) 518]
that under such a situation, the Inquiring Authority should either ask for a copy of the
medical certificate or in case of doubt, direct the charged officer to get examined by
a medical officer. Taking recourse to ex-parte inquiry would amount to violation of
the principle of natural justice. The following extract is relevant:
So far as the second ground is concerned, a few facts need be stated. An
inquiry was held, in the first instance, which was not found to be in order by
the disciplinary authority who directed a fresh inquiry. When notices were
issued in the second inquiry, they could not be served on the respondent. On
a later date, the respondent sent an application stating that he is suffering
from unsoundness of mind and that the inquiry may be postponed till he
regains his mental health. The respondent also states that he sent his medical
certificate along with he is application. (Indeed, according to him, he sent not
one but three letters to the said effect.) The report of the Enquiry Officer,
however, does not show that he paid any attention to these letters. If, indeed,
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the letters were not accompanied by medical certificates, as is now asserted
by Shri Mahajan, learned counsel for the appellants, the proper course for the
Enquiry Officer was to have called upon the respondent either to produce a
medical certificate or to direct him to be examined by a medical officer
specified by him. The inquiry report does not even refer to the request
contained in the said application nor does it mention why and for what
reasons did he ignore the said plea of the respondent. The Enquiry Officer
proceeded ex parte, in spite of the said letters and made his recommendation
on the basis of which the aforesaid penalty was imposed. It is evident from the
facts stated above that the Enquiry Officer has not only conducted the inquiry
in a manner contrary to the procedure prescribed by Rule 14(2) of CCS (CCA)
Rules but also in violation of the principles of natural justice.