The investigating officer should not be appointed as PO.
A prosecution witness cannot function as PO.
The IO must take all necessary steps to ensure the presence during inquiry of the DR nominated by the CE.
Refusal to DR from a Government servant who is already rendering defence in two cases does not result in denial of reasonable opportunity.
At the time of appointment of the PO, the DA should inform the CE of his right to DR.
Defence assistance by legal practitioner should be allowed where the case against the CE is handled by the trained PO.
Where the PO is a legally trained officer, the CE is also entitled to defence assistance from a legal practitioner.
The CE must be provided an adequate opportunity to inspect, take extract (which includes making of full copies, where he considers it necessary to do so) the various documents cited in the charge sheet, and those held relevant for his defence.
Though normally a copy of the report of the preliminary inquiry is not to be supplied, it may have to be furnished to the CE if it is mentioned in the charge sheet and is relied upon during the course of inquiry.
Refusal of access to relevant documents is against the principles of natural justice and of the requirements of the Article 311(2) of the constitution.
The CE is entitled to both ‘Listed’ as well as ‘Additional’ documents.
Supply of copies of documents is not an essential requirement. It is sufficient if the CE is allowed to inspect them, to take extracts or to make out copies as he likes.
The CE may make verbatium copy of the entire document while inspecting the document.
No restriction can be put as to the type of the note that may be taken by the CE of a particular document. The CE may take such notes either in ink or in pencil as he likes.
With best wishes,
Keshav Ram Singhal
IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority
Welcome! The purpose of this blog is to share information and knowledge on Departmental Inquiry. Consultancy guidance and training services are available.
Important: Every effort has been taken to provide relevant and up-to-date information, however I do not take any responsibility for any action taken on the basis of the tips/write-ups in this blog.
You may visit following blogs:
- 'Quality Concepts and ISO 9001:2008 QMS Awareness' at http://iso9001-2008awareness.blogspot.in/
- 'ISO 9001 QMS Awareness' Blog in Hindi at http://iso9001awareness.blogspot.in/
- 'EMS Awareness' Blog at http://emsawareness.blogspot.in/
- Blog on 'Forthcoming ISO 9001:2015 QMS Awareness' at http://qmsawareness.blogspot.in
With best wishes,