Legal Advice

What is departmental inquiry?

Question: I am working in the central government department. My promotion is pending and the department does not want to promote me. Even in the DPC my candidature has rejected. As per my information no departmental inquiry has been initiated against me. But the department has given the reason for not promoting me is the pending departmental inquiry. Please explain what is departmental inquiry?

Advise

A departmental inquiry is a formal investigation conducted by an employer (typically a government agency or public sector organization) into the conduct of an employee. The inquiry is usually initiated when the employer suspects that the employee has engaged in misconduct or has violated company policies or regulations.

The purpose of the inquiry is to determine the truth of the matter and, if necessary, take disciplinary action against the employee. The inquiry is usually conducted by a committee of senior officials within the organization and may involve the collection of evidence, witness statements, and the examination of documents. It is important to note that the outcome of a departmental inquiry may be used as evidence in any subsequent legal proceedings.

Departmental inquiry against public servants

A departmental inquiry against public servants refers to the process of investigating the conduct of a public servant, usually a government employee, for alleged misconduct or violation of rules and regulations. Public servants in India are governed by the provisions of the All India Services (Discipline and Appeal) Rules, 1969.

These rules provide for the conduct of departmental inquiries against public servants and the procedures to be followed in such inquiries. The inquiry is usually conducted by a committee of senior officials within the government agency or department where the public servant is employed.

The inquiry may involve the collection of evidence, witness statements, and the examination of documents. If the inquiry finds the public servant guilty, the disciplinary action may be taken against the public servant which may include suspension or termination of service.

Shivendra Pratap Singh

Advocate

High Court Lucknow