1000 TIT BITS ON DISCIPLINE -178
764. Familiarisation of Rules
Frame-work of procedure of inquiry contained in sub-rule (8) to sub-rule (22) of Rule 14 of CCS (CC&A) Rules, 1965 should be explained to the Presenting Officer/Charged Official to avoid complication subsequently. Sometimes Charged Official and Defence Assistant inform that they are fully aware of the procedure, even then it is advisable to explain the procedure to ensue that they should be ready and fully prepared for each stage of proceedings and that they do not take advantage subsequently by pleading that they were ignorant of the particular provision. This step would help fulfilment of requirement on the part of both sides and would definitely avoid delay and unnecessary prolongation of proceedings.
765. Documents Inspection
If the Presenting Officer has brought the listed prosecution documents, Inquiring Authority can instruct the Charged Official to inspect the documents, take photocopies thereof (as also those of pre-recorded statement, if any, of the listed prosecution witnesses) and intimate if he doubts the authenticity or genuineness of any document so that doubtful documents could be got produced through concerned prosecution witnesses.
* If, however, the Presenting Officer has not brought the documents and photocopies etc. or has brought only a few documents/photocopies, Inquiring Authority should fix the time schedule for inspection of prosecution documents by the Charged Official within the prescribed period. In such an event, Charged Official should be advised to intimate if he doubts the authenticity or genuineness of any prosecution document immediately on completion of inspection of documents so that the same could be got introduced through the witness.
It is not necessary that the prosecution documents should be inspected by the Charged Official in the presence of the Inquiring Authority or even the Presenting Officer. Prosecution document may be inspected by the Charged Official in the presence of any gazetted officer deputed for the purpose by the disciplinary authority or any other authority having custody of the prosecution documents.
The officer in whose presence prosecution documents are inspected by the Charged Official has to ensure that the prosecution documents are not tampered with by the Charged Official/his Defence Assistant in any possible manner one can conceive. [MHA O.M. No. 242/96/65-AVD dt. 27.9.1965]
What is mandatory is inspection of listed and permitted defence documents and not supply of copies. Normally, Rules do not provide for making photocopies of documents available to the Charged Official, but, in the interest of justice, photocopies of the documents should be made available to him, to the extent possible, by the Disciplinary Authority. If, however, because of the bulk of a particular document or for some other valid reason, it is not possible to do so, Charged Official should be permitted to take notes or extracts from such documents for his defence. Charged Official should be informed that no second inspection would be allowed.
There should be no objection to the Charged Official inspecting the documents along with his Defence Assistant.
Inquiring Authority must obtain a certificate from Charged Official confirming that Charged Official has inspected the documents (both prosecution and defence) and that he accepts their authenticity and genuineness to avoid second inspection or objection regarding authenticity.
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