1000 TIT BITS ON DISCIPLINE -56
The Presenting Officer
224. A presenting officer may be appointed by the disciplinary authority to present the case in support of the charges, before the inquiry officer. Though appointment of presenting officer is not obligatory, it is advantageous and is usually done where witnesses are to be examined in a case.
225. The statutory rules governing the situation should be referred to for appointing the presenting officer. Most of the rules provide that a public servant or a Government servant may be appointed as a presenting officer. Some rules, notably those applicable to the All India Services, the Central Civil Services and the Railway Servants provide that a legal practitioner can also be appointed as a presenting officer. However, the Punjab High Court has held that the officer who investigated the case or held the preliminary inquiry or is a prosecution witness, should not be appointed as the presenting officer (Randhir Singh v. Union of India, CW No. 180D, of 1962]. In the cases investigated by the C.B.I., the presenting officer is, normally, an officer of that Organization.
Post a Comment