1000 TIT BITS ON DISCIPLINE -202
849. Appeal against Appointment of the Presenting Officer
The various Discipline and Appeal Rules do not provide for an appeal against an order appointing the presenting officer. In fact, since there cannot be any cause of grievance to the accused employee, there is no provision for a reconsideration.
850. Papers to be supplied to the Presenting officer
The disciplinary authority shall supply to the presenting officer :
(i) a copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(ii) a copy of written statement of defence, if any, submitted by charged employee;
(iii) where no written statement has been received, some evidence proving the delivery of the charge sheet to charged employee,
(iv) copies of earlier statements of witnesses mentioned in the list of witnesses; and
(v) a copy of the order appointing the inquiry officer.
In addition, the presenting officer should be equipped with (i) the relevant Disciplinary Rules containing the prescribed procedure for inquiry; and (ii) some manual or guidebook containing law, procedure and guidelines relating to the holding of inquiry so that he can function in an effective manner.
851. 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.
852. Defence Assistance in case of Central and State Civil Servants
The statutory rules applicable to the Central and State Civil Servants provide that a charged employee can take defence assistance from a fellow employee. In the case of Central civil servants, defence assistance is admissible from any other Central civil servant. The Central civil servants are broadly divided into three categories, namely, Central Civil Services, All India Services and Railway Servants. Though the disciplinary rules respectively applicable to these services do not specifically provide for it, it appears that the defence assistance to a charged employee in anyone of these categories need not be restricted to that category alone.
In the case of State Government employees, defence assistance is available from any employee of that State.
853. Personal qualifications and abilities no bar
The status in employment of the employee or his academic attainments and experience are no bar to his assisting any other employee in the inquiry.
Since an employee under suspension does not lose his status in employment, be also remains eligible to render defence assistance [N.P. Padmanabhan v. Supdt. Post Offices, 1975 Lab. IC (Ker.) 1140]. The pendency of departmental proceedings against a person are also no bar in his rendering defence assistance to another employee.
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