1000 TIT BITS ON DISCIPLINE -185
784. Simultaneous Proceedings.
Criminal judicial proceedings and departmental proceedings are two distinct and different proceedings as explained in Chapter 11. The functions of the Inquiring Authority in a departmental proceeding are more active - to find out true facts/truth for Disciplinary Authority, on the one hand, while on the other hand, to provide "reasonable opportunity to the Charged Official to defend his case. Inquiring Authority should not engage himself into legal technicalities/legal hair-splitting. The only principles with which Inquiring Authority is primarily concerned are the principles of natural justice. The emphasis in departmental inquiries is heavily on facts either in favour or against the Charged Official.
785. Precaution
Depositions of witnesses should be recorded individually and confidentially. When a witness is giving evidence, the other witnesses should not be present at the enquiry. (Sharada Prasad Viswakarma vs. State of U.P., 1968 (1) LLJ All 45)
Inquiring Authority should note down "demeanour" of the witness-reaction, hesitations, over-reactions, breaking down, abnormal behaviour etc. and use the same while assessing their deposition.
In part-heard cases, the successor Inquiring Authority has the discretion either to start the proceedings de novo or to proceed further from the stage where it has been left by the previous Inquiring Authority.
Affidavit can be allowed subject to cross-examination or overall evidence.
Court witnesses can be allowed, but rarely. Inquiring Authority will conduct examination-in-chief and cross-examination by Presenting Officer first and Charged Official thereafter.
Production of documents by the Charged Official from his own custody may be permitted if they are genuine and relevant to the case. No weightage should be given to the documents attached with Charged Official's written brief but not allowed by the Inquiring Authority earlier. [Para 13 of CVC Vigilance, Manual, Vol. 1 (Fifth Edition)]
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