138. Knowledge Spectrum – Discipline FUNCTIONS OF INQUIRY OFFICER - 54
153. What are the precautions to be taken by the IO during the pre-hearing stage?
The date for the preliminary hearing must be chosen in such a way as to provide reasonable opportunity to the parties concerned. For example if the parties are posted outstation, date of hearing must be fixed so that there is adequate time for the communication to reach the parties and adequate time for the parties for undertaking the travel and reaching the venue.
154. What is preliminary hearing stage?
The phase of the hearing from the first appearance of the parties before the 10 till the stage of recording of evidence is known as preliminary hearing.
155. Under what circumstances, the IO may stay the proceedings?
IO cannot stay the proceedings except under one of the under mentioned two circumstances:
(a) When there is a stay order from the court of competent jurisdiction (b) When the Charged Officer has expressed lack of faith in the IO
156. What course of action is open to the IO when the charged Officer presents an order from the Court staying the proceedings?
Under the above stated situation, the Disciplinary Authority must be promptly informed of the development, to enable the Disciplinary Authority to seek legal advice regarding scope of the order and to explore the possibility of filing appeal against the stay order. IO should not proceed with the inquiry unless the stay order is vacated by the court or the Disciplinary Authority informs, based on legal advice that the stay order does not apply to the case in question.
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