The Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972, was enacted to address procedural gaps in conducting departmental inquiries, particularly those involving allegations of corruption or lack of integrity against public servants in India. Prior to this Act, inquiring authorities faced challenges in compelling witnesses to testify or produce documents, as they lacked the legal powers akin to those of civil courts. This hindered the effectiveness of inquiries, especially in cases involving high-ranking officials or complex bureaucratic structures.
The Act was passed during a period when India was strengthening its administrative and legal frameworks to combat corruption and ensure accountability in public services. The need for such legislation arose from the growing recognition that departmental inquiries—often critical for maintaining discipline and integrity in government services—required statutory backing to enforce compliance from witnesses and secure evidence.
Scope and Applicability (Sections 1–2)
The Act extends to all of India (originally excluding Jammu and Kashmir, but later extended to the Union Territories of Jammu & Kashmir and Ladakh in 2019).
It applies to inquiries involving:
Union government employees.
Employees of local authorities, Central government-owned corporations, government companies (with ≥51% Central ownership), and societies under Central control.
Definitions (Section 3)
Departmental Inquiry: An inquiry into allegations of "lack of integrity" (e.g., bribery, corruption) conducted under laws or rules framed by Parliament or under Constitutional provisions (Articles 309/313).
Inquiring Authority: An officer/authority appointed by the Central Government to conduct such inquiries.
Powers of the Central Government (Section 4)
The Central Government may authorize inquiring authorities to summon witnesses or demand documents via official notification. This power can also be delegated to authorities not inferior to the "appointing authority" of the accused employee.
Enforcement Powers (Section 5)
Authorized inquiring authorities wield powers equivalent to a civil court under the Code of Civil Procedure, 1908, including:
Summoning and examining witnesses under oath.
Requiring document production or requisitioning public records.
Exceptions: Banks (e.g., RBI, SBI) cannot be compelled to disclose confidential documents.
Process Execution: Summons are served through the District Judge of the relevant jurisdiction, and disobedience is treated as contempt of court.
Territorial Jurisdiction (Section 6)
The inquiring authority’s powers extend across India, ensuring uniformity in enforcement.
Rule-Making Authority (Section 7)
The Central Government can frame rules to implement the Act, subject to parliamentary scrutiny.
Strengthening Accountability: By equipping inquiring authorities with judicial powers, the Act ensures that inquiries are conducted efficiently, reducing delays caused by non-cooperation.
Legal Safeguards: Protections for confidential banking documents balance transparency with financial privacy.
Procedural Clarity: The Act standardizes processes for nationwide applicability, avoiding jurisdictional conflicts.
The 1972 Act emerged as a critical tool to uphold integrity in public services by addressing procedural weaknesses in departmental inquiries. Its provisions reflect a legislative effort to harmonize administrative accountability with legal enforceability, aligning with India’s broader anti-corruption and governance reforms during the 1970s. The Act remains relevant today, particularly in cases involving misconduct by public officials, ensuring that inquiries are both rigorous and fair.