1000 TIT BITS ON DISCIPLINE -188
792. Circumstances under which proceedings need not be adjourned/stayed :
-On receipt of a notice under Section 80 of Civil Procedure Code which stipulates giving advance notice of two months to the Govt. concerned or a Public Officer before instituting a suit
-On receipt of intimation that Charged Official has filed a writ petition/or proposes to file writ petition.
-On receipt of a mere show cause notice (or Rule Nisi) from a court asking
-why the petition not be admitted,
-why the proceedings pending with Inquiring Authority/ Disciplinary Authority should not be stayed,
-why the writ or an order should not be issued. (CVC O.M. No. 4/39/72-R dt. 12.12.1972]
793. Closing of Disciplinary Proceedings
Once disciplinary proceedings are initiated against an official, the proceedings cannot be closed without sending an intimation to that effect to the accused official. [Rule 133 of P&T Manual, Vol. III)
794. When Charged Official can be stopped Not to Press his Point
Inquiring Authority may stop Charged Official when he crosses four walls of the departmental proceedings/CDA Rules governing proceedings especially when he requests for:
*That a particular official must be permitted as Defence Assistant and management has some difficulty in relieving him or CDA rules do not permit.
*That a particular document must be allowed as additional document when relevance is not established.
That a particular witness must be permitted as Defence Witness when no relevance at all is coming forth from Charged Official.
That a particular question must be allowed for being put to witness when Inquiring Authority does not find relevance at all.
Anything which neither conforms to the constitutional provisions or statutory provisions contained in CDA Rules or principles of natural justice.
Unjustified adjournments to unnecessarily prolong proceedings for reasons best known to him.
Documents which cannot be disclosed in the public interest or security of State.
Besides, Inquiring Authority may stop Charged Official when Charged Official/Defence Assistant creates hurdle in the proceedings despite acceding to his all-relevant requests.
795. Presenting Officer's Substitute
Only duly appointed Presenting Officer should present the case before the Inquiring Authority. However, there is provision that if Presenting Officer is not available on a particular day, a person duly authorized by Presenting Officer can examine the witnesses. Absence of Presenting Officer on any particular hearing would not necessarily imply postponement of hearing if any authorized person is present on his behalf. The substituted officer need not be formally appointed as Presenting Officer. [Para 2(iv) of CVC Letter No. 1/11/66-Coord, dt. 22.11.1966)
796. Preparation of Written Brief
After proceedings are completed in the oral hearings, Presenting Officer should prepare a written brief, charge-wise by analyzing and discussing the evidence which have come on record by specifically concluding whether article(s) of charges is/are held as proved or not This is an important input available to Inquiring Authority to write his inquiry report. Sometimes, Presenting Officer feels that whether any charge can be proved or not is the responsibility of Inquiring Authority and therefore they submit sketchy and skewed written brief, merely reproducing the charges and making mention of the evidence. Some Presenting Officers take two to three months for submitting the written briefs. Similarly some Charged Officials also ask for equally long period for submitting their defence briefs. This results in abnormal delay. Presenting Officer should not take more than the given time except in exceptional conditions requiring more time. Written brief should be shorter but effective covering the main arguments in support of the charges. This could also enable the Charged Official to effectively rebut the key arguments.
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