132. Knowledge Spectrum – Discipline APPOINTMENT OF INQUIRING AUTHORITY AND PRESENTING OFFICER - 48
133. Who appoints Inquiring Authority and Presenting Officer (PO)?
10 and PO are appointed by the Disciplinary Authority under rule 14(2) and 14(5) (c) of the CCA Rules respectively.
[Although the terminology used in the CCA (CCA) Rules 1965 is "Inquiring Authority" in common parlance, the authority is always referred to as Inquiry Officer or 10. Accordingly, in this handbook the said authority is referred to as IO.]
134. Is it always necessary to appoint an IO and PO?
An alternative to appointment of 10 is the disciplinary authority itself performing the duties assigned to IO in the rules. However, there is no such alternative for the PO.
There may be certain organizations falling outside the purview of CCA Rules where there is no scheme for appointment of PO. Even in respect of such organizations also, the CVC has made the following recommendations in para 24.2 of Chapter X of the 1991 edition of its Manual:
As the appointment of a Presenting Officer would help in the satisfactory conduct of departmental inquiry, the Central Vigilance Commission has advised that even in cases where the disciplinary rules do not contain a specific provision for the appointment of a Presenting Officers, the disciplinary authorities may consider appointing a Presenting Officer for presenting the case before the Inquiring Authority
135. Other than the above, is there any exception to the appointment of IO?
Proviso to rule 14 (2) of the CCA Rules provides that in respect of the cases pertaining to sexual harassment, the complaints committee constituted in the Ministry or Department shall be deemed to be the Inquiry Authority appointed by the Disciplinary Authority for the purpose of Rule 14 of the CCA Rules.
The said proviso, inserted through a notification dated 1 July 2004, also provides that the above stated complaints committee shall hold its inquiry as far as practicable in prescribed.
Post a Comment