Dear Thiagaraju,
Effect of Perverse Attitude of Those Responsible for Investigation & Inquiry:
Good governance presupposes two pristine qualities on the part of the governor. These are, - the first quality being integrity or honesty of purpose and approach. The second and equally important characteristic is capacity or efficiency. Good faith consists of honesty plus care and attention. Even if there are no malicious content or inherent desire to inflict injury, the inquiry will not render justice unless objectivity and proper standards are observed in inquiry process.
The PO is a honest person and he suffers no ill-will towards the charged officer, but he holds the honest, but perverse view that his duty is to prove the charges "somehow" and if he fails to achieve this, he is an under-performer.
Similarly the inquiry officer feels that if the charges are proved, it is a case of defence failing and if the charges are not proved, then it is the management that is falling, and he has inherent responsibility to the management. So whenever the management fails, he makes a compromise and gives a verdict of fifty-fifty (mechanically holding some charges as proved and some as not proved).
Similarly if the disciplinary authority were to presume that the more cases of "misconduct" that he is able to establish and effect punishments, it demonstrates the effectiveness of the system of preventive discipline.
The investigating officer is a typical fault finder. He thinks negative that his job is to invent faults. He proceeds with the task with suspicion and mistrust occupied in his mind. He feels that he is sent to "catch the villain" and starts searching for the catch. He fills up the page labouring hard with several procedural "inexactitudes" that he can make out.
Or else, no investigation is conducted and on receipt of a complaint, the charged officer's comments are directly called for and thereafter a charge sheet is straight away issued. But when it happens, what are the sources (evidences) for proving the charge sheet. This problem is left to the presenting officer to face.
What is the position of a charged officer in all these occasions? Can he expect to get undiluted justice?
..........R. Kannan
Every organization has a different set of conduct rules and DA regulations. Hence there is no hard and fast rules with regard to methods adopted in changing or keeping the same Inquiry Officer. Reliance on case-laws is also not needed because, these are quasi-judicial functions they don't operate under a Uniform Civil Code for all organizations.
The practises may differ from organization to organization. However, it is better, in order to give a fair and reasonable opportunity to the CSO (Chargesheeted Officer), we change the Inquiry Officer who had already held him guilty to avoid him sitting with a preconceived notion about the CSO.
Regards,
Chandrasekhar