153. Knowledge Spectrum – Discipline – CONDUCT OF INQUIRY 70.
204. Can the IO deny allowing a witness named by the CO for the purpose of his/her defence?
IO can deny a witness only on the ground of relevance
205. What is the sequence of events during Regular Hearing?
Following is the sequence of events during Regular Hearing:
(a) Documentary evidence on behalf of the Disciplinary Authority are taken on record (b) Oral evidence of Disciplinary Authority is taken on record (C) CO asked to state his/her defence (d) Documentary evidence on behalf of the Disciplinary Authority are taken on record (e) Oral evidence of Disciplinary Authority is taken on record (f) Mandatory question by the IO (9) Fixing time for submission of briefs by the PO and CO
206. Can the statements recorded during preliminary investigation be relied upon?
In this connection para 6.2 of the Vigilance Manual (1991 (ed) provides as under:
Instead of recording the evidence of the prosecution witness, de novo, wherever it is possible, the statement of a witness already recorded at the preliminary inquiry/investigation may be read out to him at the oral inquiry and if it is admitted by him, the cross-examination of the witness may commence thereafter straightaway. A copy of the said statement should, however, be made available to the delinquent officer sufficiently in advance (at least 3 days) of the date on which it is to come up for inquiry. As regards the statement recorded by the Investigating officers of the CBI, which are not signed, the statement of the witness recorded by the Investigating be read out to him and a certificate will be recorded thereunder that it had been read out to the person concerned and has been accepted by him.
207. What is the procedure for procuring the documents demanded by the charged officer?
Inquiring Authority should directly obtain the additional documents demanded by the charged officer. It is incorrect to assign this task to the Presenting officer.
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