158. Knowledge Spectrum – Discipline – CONDUCT OF INQUIRY 75.
225. Can the inquiry proceed without the charged officer?
Following provision of the Vigilance manual is relevant in this connection:
17.5 If in any particular hearing, the accused officer is unable to come for any reason, his Assisting Officer can proceed with the case if he has authorization to this effect from the accused officer. Similarly, the Assisting Officer can submit the defence of the delinquent officer contemplated in Rule 14 (16) of the CCS (CCA) Rules, 1965, if he holds authorisation to this effect from the delinquent officer.
226. Can the Inquiring Authority question the witnesses?
Rule 14(14) explicitly provides that the Inquiring Authority may also put such questions to the witness as it thinks fit. Two cautions must be borne in mind while exercising this statutory right. Firstly, the parties to the proceedings acquire a right to cross-examine the witness on the issued over which the Inquiring Authority has examined the witnesses. Secondly, the questions must not be with the object of establishing the charge. Such questions may put the Inquiring Authority in the mantle of the Presenting Officer which may lead to quashing of the proceedings on the allegation of bias.
227. Can the Inquiring Authority question the charged officer?
The Inquiring Authority is required under Rule 14(18) to question the Charged Officer generally about the circumstances appearing against him. However, probing questions which may lead to incrimination of the Charged Officer will cast aspersions about the role of the Inquiring Authority. Inquiry proceedings were set aside in Moni Shankar Vs. Union of India (UOI) and the Inquiring Authority had exceeded his limit in asking the mandatory question, as may be seen from the following:
The Enquiry Officer had put the following questions to the appellant:
Having heard all the PWs, please state if you plead guilty? Please state if you require any additional documents/witness in your defence at this stage? Do you wish to submit your oral defence or written defence brief? Are you satisfied with the enquiry proceedings and can / conclude the Enquiry?
Such a question does not comply with Rule 9(21) of the Rules. What were the circumstances appearing against the appellant had not been disclosed.
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