Whether departmental enquiry can be initiated on the basis of preliminary enquiry? There was a quarrel and misbehaviour of some police personnels on the issue of detailment of duty. In the heat of the quarrel some policemen became violent and started to pleting stones. The then SP constituted a team to do a preliminary inquiry and submit it to him within one week.
After receiving the preliminary report the SP has initiated departmental inquiry against the twenty nine policemen. We are opposing the formation of the committee because the inspector was very biassed and he was directed by the SP to furnish a report against selected policemen. Therefore, in the compliance of the said direction the inspector submitted the report against the selected policemen who were on the radar of SP.
Departmental inquiry may be setup on the basis of preliminary inquiry report. The preliminary inquiry report is a fact finding report which forms the basis of disciplinary action. An appropriate authority, after receiving of preliminary inquiry report, becomes capable for taking further action. But in your case, the policemen have committed serious misconduct, hence a thorough investigation was inevitable.
The preliminary inquiry report has several flaws, one of which is the failure to provide a fair opportunity to those who may be affected by the report. Although the police inspector may have recorded the statements of some policemen during the inquiry to prepare the report, this is not sufficient according to the law.
The individuals who were implicated in the report should have been given an opportunity to cross-examine those who alleged misconduct against them.
The inquiry officer was acting in the direction of the superintendent of police. This fact itself proves that the preliminary inquiry report is unjust, biassed and false.
The absence of a fair opportunity for delinquent policemen to cross-examine witnesses and present evidence in their support renders the preliminary report illegal. Therefore, initiating a departmental inquiry based on an unjust, illegal, and biased preliminary report is not in accordance with the law.
The initiation of a departmental inquiry solely on the basis of the preliminary report, without a thorough investigation, is also illegal, as established in the case of State of Maharashtra v. Saeed Sohail Sheikh, (2012) 13 SCC 192.
Is it mandatory to conduct preliminary inquiry in the disciplinary proceeding?
Question: The departmental proceeding has been initiated against me for the absence from duty. My senior officer has issued a show cause notice and invited my clarification. There was no proceeding before the issuance of the show cause notice. Is it a violation of the disciplinary proceeding? Is it mandatory to conduct preliminary inquiry in the disciplinary proceeding?
Asked from: Uttar Pradesh
Generally the show cause notice has been issued for inflicting the minor punishment. Therefore, it is not mandatory to conduct a preliminary inquiry before issuing a show cause notice. The preliminary inquiry is a fact finding inquiry to ascertain if there is sufficient grounds or materials to conduct a regular departmental inquiry.
A show cause notice contains the allegation along with sufficient materials to inform the delinquent officer to the nature of the allegation alleged against him. The delinquent officer will have an opportunity to submit his reply or explanation against the allegation. He can produce evidence in the support of innocence.
If the inquiry office has supplied the relevant materials along with the show cause notice then you should prepare a reply and submit it within the time period mentioned in the notice. In contrast you should ask from the inquiry officer to supply all the materials upon which the show cause notice is based.
You bear in mind that it is not mandatory to conduct a preliminary inquiry before the regular disciplinary proceedings. It depends upon the severity of allegation and gravity of punishment.
