1000 TIT BITS ON DISCIPLINE -183
778. New Evidence - Admission of additional evidence on behalf of disciplinary Authority
Before the close of the case on behalf of the disciplinary authority, the Inquiry Officer may, in his discretion, allow the Presenting Officer to produce new : oral or documentary evidence not included in the lists of documents and witnesses given to the Government servant with the articles of charge. In such a case the Government servant will be entitled to have, if he demands it, a copy of the list of further documents proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence exclusive of the day of adjournment and the day to which the enquiry is adjourned. The Inquiry Officer will also give the Government servant an opportunity of inspecting such documents before they are taken on the record.
The Inquiry Officer may also, at his discretion, permit the Presenting Officer, to recall and re-examine any witness. In such a case the Government servant will be entitled to cross examine such witness again on any point on which that witness has been re-examined.
The production of further evidence and/or re-examination of a witness will not be permitted to fill up any gap in the evidence but only when there is an inherent lacuna or defect in the evidence which had been produced originally. The Presenting Officer should, therefore, when he finds that there is any inherent lacuna or defect in the evidence and that fresh evidence to remove the defect or lacuna is available or that the position can be clarified by recalling a witness, make an application to the Inquiry Officer to that effect.
As stated above, such new evidence - witness or document, on behalf of the charged official will also be permitted only if there is an inherent lacuna or defect in the evidence which had been produced originally and not to fill any gap in the evidence, In nutshell, equal opportunity should be given to both the sides. (Chapter XI of the CVC Vigilance Manual Vol. I (Fifth Edition)]
779. Case of Defence
After the case is closed by the Presenting Officer, Inquiring Authority should ask the Charged Official to state his defence orally or in writing (mandatory). If it is stated orally, it should be recorded and if it is submitted in writing, a copy thereof should be given to the Presenting Officer. If the Charged Official fails to state his defence, this fact should be so recorded in the Daily Order Sheet.
After recording the depositions of the defence witnesses, Charged Official may be advised that he can appear as his own witness. If he does so, he can be cross-examined by the Presenting Officer. Inquiring Authority must examine the Charged Official in general about the circumstances appearing against him (mandatory). Inquiring Authority may examine the Charged Official even if he appears as his own witness. There has to be no cross-examination if the Charged Official has been examined in general by the Inquiring Authority.
Inquiring Authority may put any question to any witness, on which the witness can also be cross-examined. However, Inquiring Authority should exercise care in putting the questions as he is not expected to start cross-examining the witness.
It is not permissible to put a question on the assumption that a fact was already proved or a question about any matter which the witness had no opportunity to know or on which he is not competent to speak. Inquiring Authority may also disallow questions if the cross-examination is of inordinate length or oppressive or if a question is irrelevant. Inquiring Authority will have to be very careful in handling such situation.
It is for the Inquiring Authority to ensure that a witness understands the questions put to him. Inquiring Authority should also protect him against any unfair treatment. (Para 9, 10, 11, 12 & 19 of Chapter XI of CVC Vigilance Manual (Fifth Edition)]
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