1000 TIT BITS ON DISCIPLINE -65
The Regular Hearing
Submission of Written Briefs
238. In the end, both sides shall be permitted to sum up their respective cases either orally by addressing arguments, or by submitting their written briefs. The presenting officer submits his brief first, with a copy to charged employee who is then required to submit his brief. The Calcutta High Court has held that the failure to supply a copy of the written brief of the presenting officer to the charged employee shall result in denial of reasonable opportunity of defence to him
(Collector of Customs v. Md. Habibul Haq, 1972 Lab. IC (Cal) 1505).
Evaluation of Evidence
239. After recording the evidence, the Inquiry officer shall assess the effect of each bit of evidence recorded by him and draw inferences from such assessment. The process of evaluating evidence is completely a judicial one and, hence, caprice and arbitrariness have no place in it. He shall not only apply his mind to each piece of evidence to adjudge its worth but also try to correlate them and draw inferences from totality of the circumstances.
Post a Comment