143. Knowledge Spectrum – Discipline – ROLE AND FUNCTIONS OF THE PRESENTING OFFICER 59.
172. How should the PO link evidence to charge?
Every fact that is required for establishing the charge must be presented through some evidence. Presenting Officer must locate evidence at his disposal for establishing various facts. This can be done by listing out the facts to be proved in the inquiry and examining which piece of evidence (in Annexure III and IV) will help in establishing the fact. The officer who has carried out the Preliminary Investigation can be of great help in this regard because he has already reached certain conclusions on the basis of the evidence gathered by him during the investigation stage.
173. What is the sphere of activities during the Preliminary Hearing Stage, with which PO is concerned?
✓ Collection of original documents ✓ Finalising the schedule for the Inspection of the listed documents ✓ Conducting the inspection of the listed documents ✓ Additional documents required by the Charged Officer ✓ Collection of the documents cited by the Charged Officer ✓ Handing over the listed documents to the Inquiry Officer after the inspection ✓ Obtaining the copies of the documents required by the Charged Officer
174. Wherefrom and when does the PO collect the original documents?
Originals of the documents listed in Annexure III of the charge sheet are generally held by the Disciplinary Authority. Normally they are retained by the Vigilance Section or the Administrative section which has processed the case for issue of Charge Sheet. The same will have to be obtained by the Presenting Officer and kept in safe custody till it is got inspected by the Charged Officer and finally presented to the Inquiry Officer. Depending upon the nature of the documents and convenience of the parties, these documents may be taken over by the Presenting Officer at an appropriate time. At any rate, the documents must be with the Presenting Officer before the inspection of the same by the Charged Officer. It is advisable for the Presenting Officer to critically examine the originals of the listed documents so that the disputes which the Charged Officer is likely to raise may be anticipated and proper remedial action can be planned.
175. When does the inspection of documents take place?
It is during the Preliminary Hearing, that a decision is taken for the Inspection of the Documents. As per Rule 14(11)0), inspection of the documents is required to be done "within 5 days of the order or within such further time not exceeding five days as the authority may allow". The Presenting Officer will have to indicate to the Inquiry Officer, his preference for the venue, date and time of the inspection of the listed documents. Depending upon the mutual convenience of the parties, the Inquiry Officer will fix the schedule for the inspection of the listed documents.
Post a Comment