Please examine your order of appointment. Please check whether it has been signed by the competent authority.
Please check whether you have received following papers:
- Copy of the charge-sheet along with list of allegations, witnesses, evidences etc.
- Copy of written statement(s), if any
- Copy of the appoint of PO
You should be fully conversant with the procedure of the inquiry.
Please study the charge-sheet, enclosed statement(s) and relative papers carefully and acquaint yourself with the facts of the case and nature of accusation.
Please make your plan for the preliminary hearing and decide date, time and venue for it.
Please send notices for preliminary hearing to the CE and the PO.
It is always better to serve the notice in person or through Registered Post AD.
On the first day of the preliminary hearing, ask the CE as to whether he admits all the charges. If he does so, please record his plea of guilt and return the case to the DA with your covering report. If CE admits some of the charges, not all charges, then also record his plea of guilt in respect of those charges that CE admits, and proceed with the inquiry in respect of the remaining charges that CE does not admit.
On the first day of the preliminary inquiry, you may discuss the calendar of the inquiry (as prepared by you) with both parties.
In case CE has not brought his DR in the inquiry, you may advise him that he may take assistance of a DR as per rules in this regard.
In case CE wishes to take assistance of a legal practitioner, ask him why he wishes to do so. You should analyze his request. You should not allow CE to engage a legal practitioner as DR unless the PO happens to be a trained legal practitioner or DA has permitted it. You must allow CE to engage a legal practitioner as DR, if PO happens to a trained legal practitioner or the DA has permitted it.
You should enquire in how many cases the DR is rendering his defence assistance. He should not have two other cases to appear as DR.
With best wishes,
Keshav Ram Singhal
Abbreviation
IO = Inquiry Officer / Enquiry Officer / Inquiring Authority
PO = Presenting Officer
DR = Defence Representative
CE = Charged Employee / Charged Officer
DA = Disciplinary Authority
AA = Appellate Authority
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