1000 TIT BITS ON DISCIPLINE -187
790. Enforcement of Attendance of Witness and Production of Documents
*Inquiring Authority has no power to enforce attendance of witnesses under CCS (CCA) Rules, 1965 and corresponding CDA Rules.
*Inquiring Authority has power to summon and enforce attendance of a witness under the Departmental Inquiries Act, 1972 and examine him on oath. Under this Act, Inquiring Authority has also power to enforce discovery and production of documents, which are producible as evidence.
*Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972' was enforced w.ef. 31.05.1972. Section 7 of the Act empowers the Government of India to frame rules for giving effect to the provisions of the Act. Section 4 of the Act empowers the Central Govt. to authorise the Inquiring Authority to exercise powers specified in Section 5 to enforce attendance of witnesses and production of documents by issuing a separate notification. (DGPT Letter No. 6/20/72-Disc.I dt. 23.11.1972). No data is available in the public domain as to how many times this Act has been resorted to. No rules have so far been framed.
*Bureaucracy seems to eclipse the legislature. CDA Rules, no doubt, facilitate production of documents. But why rules have not yet been framed so that it should become obligatory on Disciplinary Authority/Custodians to produce documents required by Charged Official, is a big question. Law is well settled that execution orders are subservient to rules which are statutory in nature. My experience in handling vigilance matters suggests to say that Charged Officials are still handicapped in placing their defence due to non-availability of documents on one alibi or the other.
*My considered opinion has always remained that in disciplinary proceedings, an individual is pitted against mighty monolith system with insensitive bureaucratic set up. One cannot accept sensitivity from a system for an individual who has no instrument to enforce production of documents. Therefore, Disciplinary Authority may come forward to get the defence documents retrieved and made available to the Charge Official barring where documents are not available due to reasons which can be justified e.g. if any document has been destroyed as per notified retention schedule.
*Computer print outs can be admitted as documentary evidence, TADA Court, Mumbai has given this ruling in its order dated 6.7.2000 in Sanjay Dutt case relating to telephone record kept by MTNL. It further stated that magnetic tape cannot be treated as evidence as it is not accessible to open eyes. Computer print outs taken from tapes on working computer by technician in the presence of witness construes primary evidence.
791. Stay of Proceedings
*Inquiring Authority should stop proceedings only under following conditions:
- Formal order of the competent authority clearly directly stoppage/suspension of the proceedings.
- Formal order of the Disciplinary Authority clearly directing stoppage/suspension of the proceedings.
- On receipt of intimation of death of Charged Official proceedings are abated. (DOPT O.M. No. 11012/7/99Estt.(A) dt. 20.11.1999]
- Acceptance of resignation of the Charged Official by the competent authority as per procedure.
- Order/judgment/injunction of the competent court having jurisdiction the matter, ordering stoppage of the proceedings expressly.
- When Charge Official submits an application alleging bias against the Inquiry Authority. Detailed guidelines are contained in DOP O.M. No. 39/40/70-Ests.(A) dt. 9.11.1972 (Annexure 3.6).
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