1000 TIT BITS ON DISCIPLINE -192
813. Provision that Presenting Officer can authorize some other officer to present the case before Inquiring Authority on a particular day when he is not available due to any reason is not known to many officials associated with proceedings. This sub-rule, inter-alia stipulates that "The witness shall be examined by or on behalf of the presenting officer and may be cross-examined by or on behalf of the Government servant". This implies that Presenting Officer can authorize some other officer to represent him without taking approval of the Disciplinary Authority.
814. There is a provision of ex-parte inquiry if Charged Official does not submit statement of defence with reference to the charge-sheet, if Charged Official does not respond to notice of Preliminary Hearing or does not participate in Regular Hearing, or quits in between. Inquiring Authority will have to give adequate time and opportunity to enable Charged Official to participate in the hearing. When Inquiring Authority comes to the conclusion after his satisfaction that Charged Official is unwilling to participate in the proceedings deliberately, even after providing him sufficient opportunity, the Inquiring Authority can hold exparte proceedings as per authority given by this sub-rule. However, exparte hearing does not mean ex-parte for ever; if Charged Official desires to join hearing any time, he may be allowed to participate in the proceedings from that stage. (Rules 63 & 64 of P&T Manual, Vol. III]
815. Proceedings against suspended charged official who has not been paid subsistence allowance ex parte would be in violation of Art. 311(2) of the Constitution. (DP&AR O.M. No. 11012/10/76-Estt. (A) dt. 6.10.1976)
This sub-rule deals with a situation when one Inquiring Authority is succeeded by another Inquiring Authority. Successor Inquiring Authority has been given enough discretion either to make use of evidence already recorded by his predecessor Inquiring Authority and commence hearing from the stage where predecessor Inquiring Authority has left or conduct further examination of witnesses by recalling them. There seems be no such bar that successor Inquiring Authority cannot start hearing from the beginning. However, it is advisable that he may take a review of the evidence already taken on record and start hearing again in the interest of justice.
816. Time limit prescribed by the CVC for completion of proceedings is six months'. However, the time limit is not being adhered to by the Inquiring Authorities. Basis of six months period is not known. It seems it has been fixed on the basis of empirical study. However, DOP&AR O.M. No. 11012/7/78-Estt. (A) dt. 14.9.1978 inter alia stipulates that the total period of suspension viz. both in respect of investigation and disciplinary proceedings should not ordinarily exceed six months. In exceptional cases where it is not possible to adhere to this time limit, the disciplinary authority should report the matter to the next higher authority, explaining the reasons for delay.
Courts, namely, CAT, High Courts and the Supreme Court of India have either quashed proceedings or set aside penalties in cases where delay could not be justified by Disciplinary Authorities and the departments have slept like a Rip Van Winkle who is a character of a short story written by American Author Washington Irving, famous for his twenty years sleep and when he wakes up, he finds many irreversible changes.
817. CCS (CCA) Rules, 1957 provided for inspection of listed documents before submission of written statements of defence to the Disciplinary Authority in pursuance to the Charge-sheet. This provision was dropped in 1965 Rules. Can 1957 provision be brought back? There is a case for consideration by DoP&T. However, there is no legal bar in providing copies of prosecution documents alongwith the charge-sheet. However, notwithstanding the above position of rules, CVC Vigilance Manual Vol. 1 Chapter X (Para 21] stipulates copies of listed prosecution documents and statement of witnesses relied upon can be given to Charged Official alongwith chargesheet. Almost no Disciplinary Authority is following this provision.
Post a Comment