1000 TIT BITS ON DISCIPLINE -180
768. Inquiring Authority Order
On receipt of the list of additional defence documents from the Charged Official, Inquiring Authority has to examine the relevance thereof and then requisition the documents from the custodians of the documents. He should pass suitable orders to arrange for inspection of the documents by the Charged Official
If the Charged Official fails to indicate and convince the Inquiring Authority about the relevance of the documents/witnesses, or if the Inquiring Authority finds that a particular document(s)/ witness(es) is quite irrelevant, he may reject the request for examining that witness(es) or requisitioning that document(s), by giving reasons for doing so. In case of any doubt about the relevance of any particular document/witness, it will be desirable to decide the issue in favour of the Charged Official. The Inquiring Authority may obtain the views of the Presenting Officer and further clarifications from the Charged Official also by holding a brief hearing before deciding the issue. [Note under Rule 14(11) & (12) of CCS (CC&A) Rules, 1965'. It is clarified that this “note" is statutory as it is integral part of Rule 14 ibid.)
769. Documents Inspection
• Inquiring Authority may himself fix the venue/date of inspection of permitted additional documents by the Charged Official or leave it to the Presenting Officer, through whom such inspections are normally arranged. However, clear directions should be given by the Inquiring Authority in this regard and the Presenting Officer/Charged Official should also be advised to intimate the Inquiring Authority about completion of inspection of documents in due course.
770. Authority having custody of a particular document may decide that production of that document will be against public interest or security of the State. On receiving such intimation, Inquiring Authority has no further discretion in the matter. However, a certificate claiming privilege may be issued by the Inquiring Authority. Other important decisions taken before the commencement of the Regular Hearing should also be recorded in the DOS signed by the Inquiring Authority and sent to the Presenting Officer and Charged Official/Defence Assistant by registered post or any other fast mode of communication. Notice of Regular Hearing can also be sent through letters/e-mails. Choice lies with Inquiring Authority. However, if decision of holding Regular Hearing has been taken during a hearing attended by Presenting Officer and Charged Official there is no need to send a separate notice as decision is recorded in the DOS itself and handed over to Presenting Officer and Charge Official during hearing.
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