An Inquiry Officer undertaking departmental proceedings carries a significant responsibility, demanding unwavering conscientiousness and meticulous attention to detail. Their process must be characterized by absolute impartiality, ensuring fairness and objectivity throughout the inquiry. A rigorous application of the principles of natural justice is paramount, guaranteeing all parties a fair hearing and the opportunity to present their case. Finally, strict adherence to established procedural protocols is essential, ensuring the integrity and validity of the entire process. These core elements are crucial for upholding the principles of fairness and due process within the department.

To conduct a fair and effective inquiry, the following key principles must be carefully observed:

Initial Preparations:

• Understand Protocols: Study the relevant departmental regulations, rules of conduct, and disciplinary procedures that apply to this specific case.
• Analyze Allegations: Carefully review the formal charge sheet, all supporting documentation, and the specific claims made against the officer.
• Verify Authority: Confirm your legal right to act as the Inquiry Officer and ensure this case falls under the jurisdiction of departmental proceedings.

Notification and Communication:

• Issuing Notices: Formally notify the Charged Officer (CO) and Presenting Officer (PO) regarding the scheduled inquiry, including the precise date, time, and address.
• Document Access: Provide the charged officer with access to all relevant documents and evidence required for their defence preparation.
• Representation Rights: Let the charged officer know they can select a defence assistant or, if regulations allow, a legal representative for their case.

Handling Hearings:

• Maintain Impartiality: Act with neutrality and ensure an unbiased perspective is maintained throughout the entire process.
• Witness Examination: Thoroughly and accurately record the testimonies of all witnesses presented by the prosecution.
• Facilitate Cross-Examination: Enable the charged officer, or their designated representative, to effectively cross-examine witnesses. Furthermore, allow the defence to call its own witnesses and permit the Presenting Officer to cross-examine them.
• Evidence Submission: Admit only evidence that is relevant to the case, legally admissible, and has been properly authenticated.
• Structured Proceedings: The inquiry should follow a clear and logical order, beginning with the prosecution's presentation, then proceeding to the defence, and concluding with any necessary rebuttals.

Natural Justice Principles:

• Fair Hearing Opportunity: Ensure the accused officer is afforded a reasonable opportunity to present their case.
• Avoid Premature Conclusions: Do not reach any conclusions until all evidences have been presented and reviewed.
• Impartial Conduct: Maintain impartiality and objectivity throughout the inquiry, avoiding any appearance of bias.
• Accurate Documentation: Keep detailed documentation of all proceedings, encompassing issued notices, recorded statements, and included evidence.
• Daily Log: Maintain a daily order sheet that meticulously outlines the events and actions of each inquiry session.
• Verbatim Records: Ensure verbatim documentation of all critical statements, especially those made during cross-examinations.

Evidence Assessment:

• Assess Relevance and Admissibility: Determine if the evidence directly or indirectly links to the alleged offenses.
• Evaluate Witness Credibility: Assess the reliability and trustworthiness of each witness.
• Remember the Prosecution's Burden: Keep in mind that the prosecution initially has the responsibility to prove the charges.
• Report Preparation: Summarize the Inquiry. Provide a short, clear overview of how the inquiry was conducted.
• Analyze the Evidence per Charge: Examine and evaluate the evidence related to each specific charge.

Findings:

• For each allegation, state clearly whether it is "proved," "not proved," or "partly proved," based solely on the presented evidence.
• This report focuses on fact-finding only; do not include recommendations for disciplinary actions or sanctions.
• Submit this report to the Disciplinary Authority by the required deadline.
• Provide a copy of this report to the charged officer if mandated by applicable regulations.

Post-Inquiry Duties:

• Address Inquiries: If the Disciplinary Authority has questions, clarify any doubts or differences in the report.
• Defend Findings: Should the report's findings be challenged, you must support them with documented procedures and the evidence provided.

Common Mistakes to Avoid:

• Ignoring Procedural Protocols: Strict adherence to all procedural protocols is mandatory.
• Unrecorded Conversations: Do not engage in unofficial discussions or activities that might undermine the integrity of the inquiry.
• Delays in Proceedings: Hearings must be conducted expeditiously to avoid undue delays, while maintaining a commitment to thoroughness.

Conclusion:
Strict compliance with these specified directives is paramount to ensuring that the departmental inquiry is executed in a legally unimpeachable manner, characterized by complete transparency in all proceedings, and grounded in principles of equity and impartiality towards all stakeholders. This meticulous approach is essential to minimizing the risk of any legal or procedural challenges that could question the validity of the inquiry's findings.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565