25. Broadly speaking, requirements of the principles shall stand satisfied in the following situations
121. All evidence
is recorded in his presence and he is permitted to cross-examine the witnesses
against him. He is also permitted to adduce oral and documentary evidence in
his defence and to examine himself, if he so chooses [T.R. Varma case, supra).
122. A copy of the
Written Brief of the presenting officer is supplied to him before he is asked
to file his written brief (Collector of Customs v. Md. Habibul Haq, 1972 Lab IC
1505).
123. The findings
of the inquiring authority and the disciplinary authority are based on evidence
on record and flow logically from it.
124. The charge is
proved through evidence by the prosecution and the onus is not shifted on the
accused employee to exonerate himself [Sulhendra Chandra v. Union Territory,
AIR 1962 Tripura 15).
125. Except where the inquiry is held by the disciplinary authority itself, the charged officer is supplied with a copy of the report of inquiry and his observations thereon, if any, are obtained before a final decision is taken [Managing Director, ECIL v. B. Karunakar, AIR 1994 SC 1074).
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