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Thread: supporting documents of findings of enquiry officer

  1. supporting documents of findings of enquiry officer


    Welcome to RTIINDIA forum. I would like to ask a query regarding procedure of Govt. departmental enquiry . In response to one of my RTI applications regarding the supporting documents of findings of enquiry officer, I was informed by the State Public Information Officer that " no supporting documents were available in the Dept." THe enquiry officer exonerated one corrupt officer of the same department from all charges levelled against him saying that thse were baseless and malicious. But nothing was available in favour of his decision. The Secretary and the Minister accepted the report. When asked for the reason and supporting documents through RTI application , concerned SPIO informed no supporting documents were available and the reason of his findings were best known to the enquiry officer only.
    Both the accused and the enquiry officer officer had retired from the sebvice and SPIO claimed that "Dept had nothing to do in connection with that so called enquiry " and that way helped the corrupt officer to retire without any punishment.
    Would you please suggest me in drafting the related RTI application to be submitted soon and provide the relevant rules regarding supporting documents. Lastly I would like to add that the corrupt officer did violate the High Court's specific direction ( which was also admitted by him ) . The High Court , in turn directed the Chief of that Dept. to finalize the dispute , which he did not . It was brought to the notice of the High Court again and subsequently HC ordered to adjudicate the dispute by 9 monthe. That was also not followed. Whole heartedly the Dept is helping the corruption and in the High court it is a very time taking process.
    Thanking you and expecting to know the proper departmental procedure of enquiry etc.


    Last edited by abhijeet; 29-03-08 at 05:21 AM. Reason: correction

  2. Re: supporting documents of findings of enquiry officer


    If an enquiry was conducted by an EO, then he should have submitted his fndings to the Disciplinary Authority along with all the relevant documents and record of the enquiry proceedings, unless the EO himself is the DA. Find out who is the DA who dealt with this matter and passed his final orders of exoneration. You have to ask for the file notings and other documents on which the final orders were issued by the DA.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  3. Re: supporting documents of findings of enquiry officer


    Thank you for your valuable suggestion. Through a subsequent RTI application inspection of documents and copies of file notings were asked for . But though it was sent to the concerned Department , but the SPIO forwarded it to some other department, and that too after receiving 1st appeal . On receiving it , the next department informed "No record is available" . Once again it was informed to the previous(concerned) department , but they are taking much time and it is well known fact that the Hon'ble SIC of our state is always very much soft towards these SPIOs. Another important point is that SIC is also taking too much time , and it provides no online facility to know the status of 2nd appeals and complaints . probably it will be better to submit one more RTI application.

  4. Re: supporting documents of findings of enquiry officer



    The inquiry officer can exonerate the accused by wrting his report as not proved or partially proved. It does notmean that the disciplinary authority should go by the verdit of the IO and exonerate the employee.Even if he had done with or without intension to favour the delinquent and if the revisionary authority can make a sue moto of review of the case and enhance the punishment or modifythe punishment in wither way.This is the mechanism in the government administrative set up.

    (Posting of mail ids is against RTI India - Forum Rules - hence deleted)
    Last edited by ambrish.p; 23-02-10 at 11:05 PM. Reason: mail id deleted

  5. Re: supporting documents of findings of enquiry officer


    Dear Mike

    Welcome to RTI India.

    Please see the date of last post.

    regards



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