1000 TIT BITS ON DISCIPLINE -200
842. Can Presenting officer be a witness
As we have discussed earlier, the general rule is that the presenting officer cannot be a prosecution witness. But, there appears to be no objection in the presenting officer being examined as a defence witness on request of the charged employee where his evidence is considered to be relevant by the inquiry officer. In such cases, if necessary, another person may be appointed as the presenting officer for the purpose of his cross-examination.
However, where the presenting officer appears as a witness also, the other party cannot be denied a right to cross-examine him, on any ground (see Kamal Joshi v. M.P. State Textiles Corpn. Ltd., 1991 Lab. IC NOC 55 (M.P.-DB)].
843. Retirement of Presenting officer during inquiry
Where the rules provide that only serving employees can be appointed as presenting officers, the officer so nominated would become ineligible to act as a presenting officer on his retirement from service.
844. Should the proceedings start de novo with change in inquiry officer
There is no such requirement and hence de novo inquiry cannot be claimed as a matter of right, unless some rule specifically provides for it [D.I.G. of Police v. Amalnathan, AIR 1966 Madras 203, Bauri Bandhu v. Union of India, 1970 Lab. IC 1504). Hence, if inquiry officer starts inquiry from where it had been left by its predecessor, proceedings are not in any way vitiated [General Manager v. Jawala Prasad Singh, AIR 1970 SC 1095). The reason is - firstly, the impression, if any, created by any particular witness on the mind of the inquiry officer has to be translated by him into writing; secondly, the inquiry officer is no judge of merits as his report is only for assistance of the disciplinary authority. It may be mentioned that Rule 14(22) of the C.C.S.(C.C.A.) Rules, 1965, provides that the succeeding inquiry officer shall normally take up the threads from where they were left but may, in his discretion, recall a witness.
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