139. Knowledge Spectrum – Discipline FUNCTIONS OF INQUIRY OFFICER - 55
157. What course of action is open to the IO when the CO expresses lack of confidence on the IO?
As stated above, the 10 shall stay the proceedings forthwith and inform the CO that he is at liberty to seek a change of 10 as per Rules. IO should also inform the CO that the proceedings cannot be stayed indefinitely to facilitate the CO making application for change of 10 and that the CO must submit the application within a prescribed time (say one week) and submit proof thereof; else the IO is at liberty to proceed with the inquiry Authority. Simultaneously, the IO should apprise the Disciplinary development and await further instructions.
158. What are the functions of the IO during the Preliminary Hearing stage?
During Preliminary Hearing, IO is required to perform the following actions:
Making arrangements for conducting the hearing Setting the stage for smooth conduct of hearing Asking the statutory questions Finalisation of the question of Defence Assistant Fixing dates for Inspection of the originals of the documents Fixing dates for the submission of the list of additional documents and witnesses required by the CO for the purpose of his defence Finalisation of the documents and witnesses admissible for defence Taking action for procuring the additional documents required for the defence. Taking the documents on record Issue of certificates of attendance to the parties. This will be done. Deciding on the requests for adjournment
159. What arrangements are to be made for conducting hearing?
Even before the arrival of the parties, the lo should ensure necessary seating arrangements for conducting hearing. Preferably, the seating arrangement should be such that both the parties will have equal access to the 10 and the 10 can watch and hear both the parties comfortably. At any rate, the seating arrangements should not be such as to send any signal that lo is inclined in favour of either of the parties. Besides, it is desirable that no one other than those who are required for the hearing is present in the room while the hearing is in progress. This may not always be possible and it depends upon the space provided to the lo by the organisation. However, lo should apply his mind to this aspect. Making a stenographer and a computer available for the recording the proceedings is another aspect to be attended to by the IO.
[Details regarding the remaining activities of the IO are discussed in the chapter on Conduct of Inquiry]
160. What are the activities to be performed by the IO during the regular hearing stage?
During regular hearing stage, IO will continue to prepare and issue Daily Order Sheets and certificate of attendance as was being done earlier. In addition, IO will be performing the following activities:
b) Monitoring the conduct of the examination of witnesses c) Recording the statements of the witnesses d) Recording the demeanor of the witnesses e) Deciding objections about the questions raised during examination of witnesses. f) Deciding requests for introducing additional witnesses. g) Deciding requests for recalling witnesses h) Asking the CO to state his defence on conclusion of the case of the Disciplinary Authority. i) Putting the mandatory questions on conclusion of the case of the defence j) Checking up from the CO as to whether he got sufficient opportunity for his defence. k) Giving directions for the submission of the written briefs by the Presenting Officer and the CO.
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