141. Knowledge Spectrum – Discipline – ROLE AND FUNCTIONS OF THE PRESENTING OFFICER 57.
165. What is the basic responsibility of the Presenting Officer (PO)?
Presenting Officer is appointed for the purpose of presenting the case of the Disciplinary Authority so that the charges can be proved in the Inquiry. In many ways, the role of the presenting Officer is a challenging one. His role is comparable finally it has been handed over to him. Whatever be the merits and demerits of the earlier functionaries, being the last person in the line, it is for the Presenting Officer to carry the baton to the winning post. An intelligent Presenting Officer can make up for the mistakes committed by the earlier functionaries and accomplish the target. Similarly, a bad Presenting officer may lose the advantage acquired by the Investigating officer, Vigilance Officer, etc. and may lose the case through bad presentation.
166. What are the various activities performed by the PO for the discharge of the above function?
For achieving his objective, the Presenting Officer is required to perform several functions. Basically, the Presenting Officer is required to lead the evidence of the Disciplinary Authority and satisfactorily answer the contentions raised by the Charged Officer. Thus, the explicit functions of the Presenting Officer are: a. Presenting the documentary evidence b. Leading the oral evidence on behalf of the disciplinary authority C. Cross examining the defence witness d. Preparation and presentation of the written brief
Successful accomplishment of these explicit functions, call for a number of implicit functions as well. Some of the actions such as liaison with the Disciplinary Authority has to be performed by the Presenting Officer throughout the course of his assignment. Notwithstanding this, various actions to be taken by the Presenting Officer in the course of his assignment can be conveniently categorised into the following four phases. : - Preparatory stage Preliminary Hearing stage Regular Hearing stage Post hearing stage
167. What are the activities performed by the PO during the preparatory stage?
Following are the activities performed by the Presenting Officer during the preparatory stage:
Examine Appointment order and the documents received along with it:
a) Establishing rapport with the Inquiry Officer b) Understanding the charge c) Analysing the charge d) Link the facts to evidence e) Anticipate possible line of defence: At the preparatory stage, the Presenting Officer should also anticipate the line of defence, the Charged Officer will be taking. f) Visualise the transaction
168. What documents are to be received by the PO along with the appointment order?
a) PO receives the following documents along with the Appointment Order:
b) Charge Sheet along with the enclosures.
c) Written Statement of defence submitted by the charged officer.
d) In case the Charged Officer has not filed any Statement of Defence, a confirmation to the above effect and a confirmation to the effect that the Charge Sheet has been served on the Charged Officer.
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