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RHD Operational Procedure – Management Services Wing
 
Administration and Establishment - Enquiry Division
 
OP/AE/3.3 - Processing of Enquiry & Enquiry Reports
 
Purpose and Scope :

This procedure describes how the Enquiry & Enquiry Reports of RHD are processed. This aims is to determine whether allegations brought against an accused staff is valid.
 
Definitions :

Appointing Authority - The secretary of the MoC (or the President) may act appointing authority for Class I officers and the Chief Engineer for Class II officers as below (see Establishment Manual).

Enquiry Officers or Board of Enquiry - There are generally Class I RHD officers not below the rank of the accused.
 
Responsibility :

Enquiry against an accused staff of RHD and the processing and submitting of the enquiry report is the responsibility of an Enquiry officer or a Board of Enquiry appointed by the relevant Appointing Authority.
 
Method :

4.1 OVERALL ENQUIRY PROCEDURE

Enquiry is made against allegations of poor staff conduct in relation to: conduct order or service discipline; contrary to any provision of the Govt. Servants (conduct) Rules, 1979; unprofessional behaviour. This includes: -

disobedience to lawful orders of superior officers;

gross negligence of duty;

flouting of Government orders, circulars and directions without any lawful cause; and

submission of petitions before any authority containing wild, vexatious, false or frivolous accusation against a Government Servant.

Grounds for imposing penalty by the authority are where the accused is guilty of inefficiency, misconduct, desertion, corruption or engagement in subversive activities where his retention in service is considered prejudicial to national security.

Two kinds of penalties may be imposed: minor penalties and major penalties;

Minor penalties include:

Censure;

Withholding for a specified period: promotion annual pay increment or financial advancement or post;

Stopping, for a specified period, at an efficiency bar in the time-scale for promotion (otherwise than for unfitness to cross such bar);

Recovery the whole or any part of any pecuniary loss by negligence or breach of orders from pay or gratuity;

Reduction to a lower stage in the time-scale for promotion;

Major penalties include reduction to a lower post or time scale, compulsory retirement, removal or dismissal from service.

Removal order from service;

Penalties that may be imposed: -

Inefficiency due to infirmity of mind or body – any penalty except censure or dismissal from service;

For any other inefficiency – any penalty except dismissal from service;

For misconduct – any penalty;

For desertion – any penalty;

For corruption or subversion – compulsory retirement, removal or dismissal from service.

4.2 ENQUIRY PROCEDURE IN CASE OF SUBVERSION

1. The appointing authority may require the Government servant concerned to proceed on such l eave as may be admissible to him and from such date as may be specified in the order;

a) shall, by order in writing, inform him of the action proposed and the grand for the action; and

b) shall give him reasonable opportunity of showing cause against that action before an enquiry committee is constituted;

(However, no such opportunity shall be given where the president is satisfied that in the interest of the security of Bangladesh it is not expedient to give such opportunity).

2. The Enquiry Committee is then constituted (see OP/AE/3.3).

3. The Enquiry Committee shall hold as enquiry and submit its findings to the appointing authority, and the appointing authority shall act on the findings as it deems fit.

4.3 ENQUIRY PROCEDURE IN CASES CALLING FOR MINOR PENALTIES

When a Government servant is to be proceeded against Inefficiency or Misconduct or Desertion and the authority is of the opinion that the allegation, if established, would call for a minor penalty heavier than that of censure, the authority shall:

Make the allegations against the accused in writing and call him to explain his conduct within a period of seven working days from the date of receipt by the accused, and state whether he desires to be heard in person; and

Consider the explanation of the accused (if any) submitted within the specified time and, if he desires, give him an opportunity of being heard in person. If no explanation is submitted within the specified time, any of the minor penalties may be awarded.

On receipt of the findings of the Enquiry officer, the authority shall take final decision in the case or may order such further enquiry if he considers necessary.

When a Government servant is to be proceeded against inefficiency or desertion and the authority is of the opinion that the allegations, if established, would call for the penalty of censure, the authority may impose the penalty after the hearing is heard and recorded. If, however, the accused does not (or refuses) to appear, the penalty may be imposed directly, or if the allegation is established, then a penalty higher than that of censure shall be imposed. If the accused demands the allegation be communicated to him in writing, then the procedure laid down above shall be followed and, if the allegation is established, the penalty higher than that of censure shall be imposed.

4.4 ENQUIRY PROCEDURE IN CASES CALLING FOR MAJOR PENALTIES

When a Government servant is to be proceeded against inefficiency or misconduct or desertion or corruption, and the authority is of the opinion that the allegations, if established, would call for a major penalty, the authority shall: -

Frame a charge and specify therein the penalty proposed to be imposed, and communicate it to the Government servant together with a statement of allegations on which it is based and of any other circumstances which the authority proposes to take into consideration when passing orders on the case:

Require the accused to submit, within ten working days from the day the charge has been communicated to him a written statement of his defence, and also to state whether he desires to be heard in person;

If the accused prays for extension of time before the expiry of the specified period, the authority may allow him such an extension up to ten working days.

Where the accused submits his statement of defence within the specified or extended time, the authority shall consider such statement together with all materials relating to the charge and if, after such consideration, the authority is of the opinion that: -

There is no good ground for proceeding it shall withdraw the charge.

There is good ground for proceeding but the allegation, if established, would call for minor penalty, it may after giving him an opportunity of being heard in person, award any of the minor penalties or follow the procedure laid down in ‘procedure calling for minor penalties’ as stated above.

There is good ground for proceeding against the accused for imposition of major penalty, it shall appoint an Enquiry officer (not below the rank of that of the accused) or a Board of Enquiry to enquire into the allegation in the charge.

Where the accused does not submit his statement of defence within the specified or extended time, the authority shall appoint an Enquiry officer (not below the rank of that of the accused) or a Board of Enquiry to enquire into the allegations contained in the charge within ten working days from the date of expiry of the specified or extended time.

The Enquiry officer or Board of Enquiry, as the case may be, shall start holding of the enquiry within seven working days from the date of receipt of the order of enquiry and shall conduct the enquiry in accordance with the procedure laid down in ‘procedure to be followed by Enquiry officer’ and submit his or its finding to the authority.

On receipt of the report of the findings of the Inquiry officer or the Board of Enquiry, the authority shall consider the report and record its decision on the charge and communicate the same together with a copy of the report to the accused.

If the authority decides under the above rule to impose any major penalty, it shall ask the accused to show cause, within seven working days why the proposed penalty shall not be imposed on him.

When consultation with the Public Service Commission is necessary for imposition of major penalty, the authority shall, forward the proceedings, together with the cause shown, if any, by the accused within the time specified in sub-rule (6) above to the Public Service Commission for advice.

The authority shall take final decision on the proceedings: -

Where consultation with the Commission is not necessary, after considering the cause shown, if any, by the accused within the time specified in sub-rule (6) above:

Where consultation with the Commission is necessary after considering the cause shown, if any, by the accused and the advice given by the Commission and communicates the same to the accused:

The proceedings of an enquiry shall contain sufficient record of the evidence and, where an enquiry officer or Board of Enquiry is appointed, also the report of the finding of the Enquiry officer or Board and the grounds thereof. Procedure to be followed by Enquiry officer: -

The Enquiry officer shall hear the case from day to day and no adjournment shall be given except for reasons to be recorded in writing.

The Enquiry officer shall hear oral evidence and record such of the allegations as are not admitted and, documentary evidence relevant or material in regard to the charge shall be considered- The accused shall be entitled to cross examine the witnesses against him, to give evidence in person and to have such witness called for the defence as he may wish. The person presenting the case in support of the charge shall be entitled to cross-examine the accused and the witnesses examined in his defence. The accused may also consult relevant files, but he shall not have access to the note portion of the files;

Provided that the Enquiry officer may, for reasons to be recorded in writing, refuse to call for a particular witness or to summon or admit a particular evidence.

The accused may, if he so desires, adduce oral evidence in his defence which shall be subject to such cross-examination as may be necessary.

The authority may nominate any person to present the case in support of the charge before the Enquiry Officer.

If the Enquiry officer is satisfied that the accused is hampering or attempting to hamper the progress of the enquiry, he shall administer a warning and if thereafter he is satisfied that the accused is acting in disregard of the warning, he shall record a finding to that effect, and proceed to complete the enquiry in such manner as he thinks best fitted to do substantial justice.

If the Enquiry officer is satisfied that the conduct of the accused amounts to contempt of his office, he shall record the relevant facts and circumstances relating to such contempt and inform the authority on the matter, whereupon the authority may, if deems fit, proceed against the accused separately, for misconduct.

The Enquiry officer shall, within seven working days, of the conclusion of the proceedings submit his findings and grounds therefor to the authority.

The Enquiry officer shall give his findings starting whether the accused is guilty or not guilty on each charge and he shall not give any recommendation regarding punishment or otherwise.

The authority may, in any case it deems fit, instead of appointing an Enquiry officer, appoint a Board of Enquiry consisting of three persons.

No proceeding or decision of a Board appointed by the authority shall be invalid or be called in question merely on the ground of absence of any member thereof in any sitting of the Board.

4.5 PROCESSING OF ENQUIRY & ENQUIRY REPORTS

The appointing authority of the accused appoints an Enquiry officer/Board of Enquiry. He/it is supplied with the papers on charges/allegations against the accused, for according to government rules. The appointing authority may nominate any person to present the case in support of the charges.

The statement of allegations and the proposed penalties against each of the charges are supplied to the accused, by the appointing authority. He is asked to submit his replies in defence and indicate whether he wants to be heard in person before the Enquiry officer or Board of Enquiry, appointed for the purpose.

On being appointed, the Enquiry officer or Board of Enquiry notifies the accused about the enquiry, by registered post, ensuring that he receives it. He/it requests the accused to submit his replies in defence and to indicate whether he wants to be heard in person. He/it also forwards a copy of the notice to the person nominated by the appointing authority to present the case.

On receipt of the replies in defence, the Enquiry office Board of Enquiry takes either of the following courses of action:

If the accused does not want to be heard in person, the Enquiry officer/Board of Enquiry notifies the person nominated for presenting the case.

If the accused gives his consent to be heard in person, then he is notified to appear on a specified date to and, a copy is forwarded to the person nominated to present the case in support of the allegations.

The person appears for presenting the case in support of the allegations (when the accused is not heard in person) before the Enquiry officer/Board of Enquiry. The case is heard and details and notes made. The allegations, which are not admitted by the accused in his written replies, are recorded and documentary evidence relevant to the charges examined. Any witnesses required are notified. If required, the enquiry may verify facts/records in the places/offices of occurrences and record statements relevant to the allegations. The witness, statements are recorded and initialled by them.

Alternatively, both accused and the person presenting the case in support of the allegations appear on the specified date. The case is heard in person, and notes made. Any charges not admitted are recorded. Documentary evidence is examined, and the accused is cross-examined. The accused is allowed to see any file (but not the note portion). The statements of the accused and the cross-examination are recorded and initialled. Witnesses are notified, interviewed, and cross-examined. The Enquiry officer/Board of Enquiry may verify the facts/records in the places/offices of occurrences and record statements relevant to the allegations. The Enquiry officer/ Board of Enquiry must note attempts by the accused to hamper progress of the enquiry and if necessary, warns the accused. If the accused disregards this, their findings are recorded and the enquiry is completed.

Once the enquiry proceedings are completed, the Enquiry officer/Board of Enquiry writes an enquiry report giving all the details of the allegations, the statements recorded, the proceedings of cross-examinations, their findings and recommendations. This will state whether the accused is guilty or not guilty on each charge, but not give any recommendation regarding punishment or otherwise. The report is submitted to the appointing authority within seven working days of the conclusion of the proceedings.
 
References :

Establishment Manual (Volume - I) Published by Ministry of Establishment (compiled upto 31st December, 1995).
 
Procedure Flowchart :

The procedure flowchart for this procedure is detailed below.
 


 


 

 

For duties associated with each grade of personnel see

 

Updated on : 1/1/2004

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