31. If a new IA is appointed in the middle of a proceeding, he may, if he considers it necessary, recall, examine, cross-examine and re-examine any witnesses, whose evidence has already been recorded. Otherwise, he may act on the evidence recorded by his predecessor.
32. If the IA is of the opinion that the inquiry has established any article of charge different from the original articles of charge, he may record his findings on such articles of charge. But he cannot record such findings unless the GS has either admitted the facts or has had a reasonable opportunity of defence. The IA is not competent to issue a formal chargesheet to the accused GS.
33. After considering the written statement of defence submitted by the accused GS, the DA may drop the charges. However, in cases arising out of CBI investigation, the CBI should be consulted before taking a decision to drop any of the charges. The CVC also should be consulted if its advice was sought before initiating disciplinary proceedings.
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