31. The GS can submit a representation against the appointment of I.O. on the grounds of bias. It should normally be done immediately after appointment of the IO by the DA. If the DA rejects the representation, the GS can represent to the reviewing authority, that is the appellate authority for review of the case. On receipt of such representation, the IO should stay the disciplinary proceedings and forward the representation to the reviewing authority. The reviewing authority’s decision shall be final. If on subsequent occasions such representations are received, the disciplinary proceedings will not be stayed.
32. If the request of the GS to engage an AGS (Defence Assistant) posted at another station is turned down by the IO, the GS can represent to the DA whose decision in the matter will be final. No appeal lies against that order.
33. The IA can refuse to examine witnesses, if he thinks that their evidence is irrelevant or immaterial to the case. (There was a clear provision in the CCS(CCA) Rules, 1957- Rule-15(c)- to this effect, but the CCS (CCA) Rules,1965 is silent on this issue). The IA should record special and sufficient reasons to show that he has exercised his discretion in a judicial manner.
Post a Comment