Staff Rulings – 157 General Provident Fund (GPF)

 142. Knowledge Spectrum – Discipline – ROLE AND FUNCTIONS OF THE  PRESENTING OFFICER  58.

169. Will it be fair and appropriate for the PO to meet the 10 unless called for a hearing? 

Presenting Officer is the agent of the Disciplinary Authority and his endeavour is to prove the charge. On the other hand the Inquiry Officer is an impartial authority who is required to decide the case on the basis of the evidence led before him. Notwithstanding this position, the Presenting Officer should consider himself as one assisting the Inquiry Officer in ascertaining the truth. Often it is said that the relationship between the Disciplinary Authority and the Presenting Officer is similar to that between the client and an advocate. Presenting Officer is compared to the Government Counsel. Every counsel is an officer of the court and owes a responsibility towards the court in helping the court to ascertain the truth. On the Inquiry Officer assisting the latter to ascertain the truth. Immediately on receipt of the order, the Presenting Officer should get in touch with the Inquiry Officer and assure him of his co-operation. It is also desirable that the Presenting Officer Inquiry Officer of his address and phone number to facilitate easy communication. Needless to add, it will be unethical for a PO to influence the regarding the hearing and its outcome. 

170. What is the need for the PO to understand the charge immediately on receipt of the appointment order? 

Presenting Officer can present the case effectively only if he understands the case of the Disciplinary Authority thoroughly. The first step in this regard calls for the understanding of the charge. Often the charge is that a person has done something which should not have been done or has failed to do something which should have been done. That someone has used abusive language, (which should not have been done) is a charge. That a person has failed to keep the cash book up to date, (failed to do something, which should have been done) can be a charge. While charges like unauthorised absence, insubordination, etc. can easily be understood, there may be situations wherein the omission or commission of the Charged Officer may not be easily understandable. The clue for understanding the charge is asking the following questions: 

→ What has the Charged Officer done or failed to do? → What was required to be done or not to have been done? > Which rule or instruction prescribes what is required to be done or not to be done? 

171. How does the PO analyse the Charge? 

The PO has to perceive the Charge – Fact – Evidence co-relation in the Charge Sheet. For example, if there is a charge that an officer (working in a stores department) has procured certain items without any demand for the same from the sub-depots and thereby violated certain departmental instructions, the charge involves the following facts: 

→ That there are some instructions relating to the manner of procurement of items. 

> That the instructions require that the items can be procured only after the receipt of the demands from the sub-depots. 

→ That the officer purchased the specified items. 

→ That there was no demand from any sub-depot for these items.