Disciplinary Proceedings - Under Rule 14 of CCS CCA Rules - Can the Disciplinary Authority Assume Himself as an Inquiry Officer?

Hello everyone,

I am facing a departmental inquiry of major penalty under Rule 14 of CCS CCA Rules. The Inquiry Officer in the case has submitted his report; however, without following the due procedure such as inspection of original documents, cross-examination of witnesses, seeking defense brief, general examination, etc., the Disciplinary Officer forwarded the inquiry report. The authority is now seeking comments on the report, and I have submitted an objection against the report reflecting procedural lapses. The disciplinary authority, instead of remitting back the inquiry report, is now giving the opportunity for inspection of Relevant Union Disclosures (RUDs).

Can the disciplinary authority assume himself as an inquiry officer? How can I challenge this situation? Please suggest.

Thanks in advance.

In the scenario described, it is crucial to understand the roles and responsibilities defined under the Central Civil Services (Classification, Control, and Appeal) Rules, commonly known as CCS CCA Rules. The rules provide detailed guidelines on the disciplinary proceedings, the appointment of an Inquiry Officer, and the powers and limitations of the Disciplinary Authority.

Can the Disciplinary Authority Assume Himself as an Inquiry Officer?

The CCS CCA Rules explicitly state that the Disciplinary Authority cannot assume the role of an Inquiry Officer. The Inquiry Officer must be a separate individual appointed specifically to conduct the inquiry impartially, ensuring procedural fairness and adherence to natural justice principles. Therefore, if the Disciplinary Authority is attempting to act as the Inquiry Officer, it goes against the established rules and principles of natural justice.

How to Challenge This Situation:

To challenge the situation where the Disciplinary Authority is assuming the role of the Inquiry Officer, you can take the following steps:

1. Review Relevant Rules: Refer to Rule 14 of the CCS CCA Rules and any other applicable regulations that outline the appointment and responsibilities of the Inquiry Officer.
2. Seek Legal Advice: Consider consulting with a legal expert specializing in labor laws or administrative procedures to understand your rights and options in this situation.
3. Raise Formal Objection: Submit a formal written objection to the Disciplinary Authority, highlighting the specific rule violations and the importance of an independent Inquiry Officer.
4. Escalate the Matter: If the Disciplinary Authority persists in assuming the role of the Inquiry Officer, escalate the issue to higher authorities within the organization or seek redress through legal channels.
5. Request Fair Inquiry: Request a fair and impartial inquiry by an independent Inquiry Officer as per the prescribed rules and guidelines.

By challenging the improper assumption of roles and advocating for a fair and transparent inquiry process, you can uphold your rights and ensure that the disciplinary proceedings adhere to the principles of natural justice.