1000 TIT BITS ON DISCIPLINE -201
845. The presenting officer
Where the disciplinary authority itself inquires into articles of charge or appoints an inquiring authority for holding inquiry into them, it may, by order, appoint an officer, or in suitable cases a legal practitioner, to be known as the Presenting Officer, to present the case before the inquiring authority in support of the charges. The appointment of the presenting officer is not mandatory and, hence, inquiry shall not be vitiated for the only reason that no presenting officer is appointed. The Madras High Court has observed that if the inquiry officer is to consider only the documentary evidence, it may not be necessary to appoint a presenting officer. But, if he is to consider the evidence led in on behalf of the prosecution, it is necessary that the disciplinary authority should appoint a presenting officer [T.N. Govindarajan v. Management, Indian Overseas Bank, 1992 Lab. IC 1832, para 7).
846. Since departmental inquiries are basically fact finding exercises, the role of presenting officer, where appointed, is to assist the inquiry officer by presenting before him the official case in its correct prospective. He has no comparison with a public prosecutor. His duties are to marshal facts before the inquiry officer, to examine and cross-examine the witnesses produced during the inquiry and, at the end, to argue the case orally or to file a written brief before the inquiry officer.
847. Since the presenting officer does not occupy an important place in departmental inquiries, there is almost an absence of Case-law on the subject. The only important case which deserves mention is Randhir Singh v. Union of India, CW, No 180-D of 1962, in which the Punjab High Court held that the investigating officer or a prosecution witness cannot be appointed as a presenting officer in that case.
848. Original listed documents and certified copies to be made available to the Presenting officer in the first instance. The CVC vide. their Instructions No.006/ VGL/5 dated 18.1.2006 re-iterated their earlier instructions that the Presenting officer should be given custody of all the listed documents in original and certified copies thereof. In CBI cases, they will ensure that legible certified copies of the documents seized by them are made available to the organisation to pursue the departmental case.
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