1000 TIT BITS ON DISCIPLINE -184
780. Recording of Deposition of Witnesses
All the depositions should generally be recorded in a narrative form to the dictation of the Inquiring Authority or verbatim, if considered necessary by the Inquiring Authority and/or if requested by either party. At times, it may become necessary to record the question and answer verbatim to make the meanings more clear. This may be done wherever the Inquiring Authority is satisfied that it would lead to better appreciation of the deposition of the witness. Witnesses should sign on each page of their depositions and the Inquiring Authority too has to sign at the end of each deposition. There is no harm if Inquiring Authority also sign each page. There is no illegality if Presenting Officer and Charged Official also sign.
Question is a query directed to witness and abbreviation is 'Q'. Answer is abbreviated as 'A'.
Copies of the depositions and the daily order sheets are to be made available to the Presenting Officer and the Charged Official. Copies of the depositions do not have to be made available to the witnesses.
To the extent possible, Regular Hearing should be held on day to day basis i.e. de die in diem. However, for valid reasons, it may be adjourned.
Additional/new evidence may be allowed to be introduced by the Inquiring Authority only if there is any inherent lacuna in the evidence and not for the purpose of filling up gap in evidence. Inquiring Authority may also permit Presenting Officer to recall any witness for the same considerations. However, in such an event, opportunity has to be given to the Charged Official to inspect the additional evidence if it is in the nature of documents (for which it may become necessary to adjourn the hearing) and cross-examine the witness who has been permitted to be recalled. Similar opportunity has to be given to the Charged Official also to produce additional evidence. (Para 15 of CVC Vigilance Manual, Vol. 1 (Fifth Edition)
781. Submission of Written Briefs
After the recording of oral evidence, the Presenting Officer and the Charged Official should be given opportunity to argue their respective cases orally. However, the Inquiring Authority may allow them to submit written briefs as an alternative. Inquiring Authority should lay down the time limit for submission of written briefs by the Presenting Officer and the Charged Official. A copy of the Presenting Officer's brief should be made available to the Charged Official by the Presenting Offices himself before the Charged Official submits his brief. Directions to this effect should be incorporated in the Daily Order Sheet Briefs can also be submitted on e-mail followed by hard copies for record.
Even in ex-parte proceedings, the entire gamut of the inquiry proceedings has to be gone through.
782. Stay
Inquiry proceedings should not be stayed at any stage, except under the orders of a Court of competent jurisdiction or under the written orders of the Disciplinary Authority.
783. Bias
If the Charged Official alleges bias against the Inquiring Authority, the Inquiring Authority should keep the proceedings in abeyance and refer the matter to the Disciplinary Authority, Inquiring Authority should resume the inquiry only after being advised by the Disciplinary Authority in writing to go ahead with the inquiry
• If any request or representation is received by the Inquiring Authority from the Presenting Officer or the Charged Official at any stage during the inquiry, he should record a note in the Daily Order Sheet on the very day stating the gist of the request or representation made and the orders passed thereon.
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