Gist of CCS (CCA) Rules 1965 -8 Rule 14 Defence Assistant, Production of documents, Statements & Witness

  Rule, Procedure and Protection of Rights of employees

51. According to Rule 14 (8) (a) the Govt servant can nominate a defence Assistant to the inquiry officer. If the inquiry officer rejects the request of the Govt servant, the Govt servant can make a representation to the disciplinary authority. The disciplinary, authority should pass a well reasoned order. No, appeal lies against the order of the disciplinary authority.

52. Regarding engagement of legal practitioner, the disciplinary authority shall permit or reject. The inquiry officer has no say. The inquiry officer has no say. If inspector of police attached to C.B.I. is the presenting officer in a case, Govt servant can able for engaging legal practitioner as defence Assistant if the Examiner of Questioned documents is a state witness, the opinion of the expert had to be properly understood and the expert to be examined. In the light of the same, the Govt servant may request for engaging legal practitioner.

53. Rule 14 (11) (111) provided opportunity to Govt servant to give notice for production of document not mentioned in the list of documents in Annexure 3. Preliminary, enquiry report which is the basis for taking decision by the disciplinary authority may be useful for defence. But the judicial view is that non supply of preliminary enquiry report would cause considerable prejudice to the Govt servant to defend effectively.

54. Provision to Rule 14 (13) provides that if the authority having custody, or possession of requisitioned documents is satisfied that production of such documents would be against public interest or security of state, it shall inform the inquiry authority accordingly. But, the Ministry of Law holds that no authority other than Head of the department can he said to have custody or possession of documents of the department and hence subordinate cannot claim privilege. The weak point should be utilized by the defence.

55. Rule 14 (14) provides production of documents and witnesses by the disciplinary authority.

The statements / complaints not corroborated by authors of statements / complaints, cannot be accepted as evidence to prove the charge.

56. The unwilling witnesses who fail to attend in the inquiry, should be summoned by inquiry officer in exercising powers under section 4 of Departmental Enquiries. (Enforcement of attendance of witnesses and production of documents). Act 1972.

57. Their production of documents without testimony of the knowledgeable

witness who can depose about the contents of the documents, cannot be considered as evidence in support of the charge. contents of documentary evidence should be proved by one evidence through competent witness. before the inquiry officer.

58. Rule 14 (17) Simply states that evidence on behalf of the Govt servant shall then be produced. The inquiry authority cannot leave it to the Govt servant to produce defence witness on his responsibility. It is the duty of the inquiry officer not only to summon the defence witness but also to write to his employer to direct the witness to appear before the inquiry officer.

59. Rule 14 (18) provides that inquiry authority may after the defence closes the case, and shall, if the Govt servant has not examined himself, generally question the Govt servant on the circumstances appearing against him in the evidence, if the Govt servant has examined himself, the questioning is not necessary.

60. The inquiry officer cannot put incriminating questions to the Govt servant. He cannot act as judge and prosecutor at the same time.