147. Knowledge Spectrum – Discipline – ROLE AND FUNCTIONS OF THE PRESENTING OFFICER 63.
184. What are the activities of the PO during post hearing stage?
After the hearing is over, PO is required to submit the written brief. The purpose of the brief is to establish, by relying on the evidence produced in the inquiry that the charge stands proved.
185. What is the format for the brief of the PO?
There is no prescribed format for the brief of the PO. The following format is suggested for the purpose:
a. Introduction b. Details of the charges leveled c. Proceedings during the Preliminary Hearing: How was inspection of documents conducted; how many documents were disputed by the CO; how many documents were taken on record by the IO and how many were to be introduced through oral evidence; what were the documents and witnesses demanded by the CO for the purpose of his/her defence. d. Proceedings during the regular hearings; how many witnesses were led from each side; whether any new evidence was introduced during the hearing; e. Opportunities given to the CO: appointment of Defence Assistant; adjournments demanded and granted; documents and oral witnesses demanded and allowed, etc. f. Case of the Disciplinary Authority: the Charge-facts-evidence co-relation g. Evidence on behalf of the Disciplinary Authority h. Evidence on behalf of the CO i. Analysis of the Evidence presented by the parties. j. Conclusion
186. What will happen if the PO could not attend a hearing?
In this connection, para 9.2 of Chapter XI of the Vigilance Manual 1991 Ed provides as under: 9.2 Rule 14 (14) of CCA Rules provides that the witnesses may be examined by or on behalf of the Presenting Officer. Absence of PO on any particular hearing would not necessarily imply postponement of hearing if an authorized person is present on behalf of the Presenting Officer. The substituted officer need not be formally appointed as Presenting Officer.
187. What should be the form and frequency of interaction between the PO and the Disciplinary Authority?
The presenting officer presents the case on behalf of the Disciplinary Authority. Therefore, all the actions of the PO should have the approval of the Disciplinary Authority. PO should regularly be apprising the Disciplinary Authority about the proceedings of each hearing. Para 2.4 of Chapter XI of Vigilance Manual 1991 Ed also provides as under
2.4 The disciplinary authorities should be kept posted with the progress of oral enquiries. The Presenting Officer should send brief reports of the work done at the end of each hearing to the disciplinary authority in the prescribed proforma permission of IO for introduction of any new evidence,
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