159. Knowledge Spectrum – Discipline – CONDUCT OF INQUIRY 76.
228. What is mandatory question?
Rule 14(18) has a provision that empowers the Inquiry Authority to question the Charged Officer. This question shall be asked in the cases wherein the CO had not presented himself as a witness. Probably the use of the word "shall” in the sub rule has resulted in this being called a 'mandatory' question. However it must be understood that it may not be a question at all. The purpose of this question is to enable the CO to explain the circumstances against him. The IQ is expected to question the CO "on the circumstances appearing against him" so that the CO can defend himself appropriately.
229. What happens if the deposition of a witness is in a language other than English or Hindi (which ever is the language of the proceedings)?
In this connection, Para 13.6 of the Vigilance provides as under:
13.6 If a witness deposes in a language other than English but the depositions are recorded in English, a translation in the language in which the witness deposed should be read to the witness by the Inquiry Officer. The Inquiry Officer will also record a certificate that the depositions were translated and explained to the witness in the language in which the witness deposed.
230. What happens if a witness fails to turn up for examination?
A government servant summoned by the Inquiring Authority for tendering evidence in a disciplinary proceedings is bound to attend the same. Failure to do so will amount a misconduct. Therefore, if a witness fails to turn up for inquiry without proper justification the Inquiring Authority may report the matter to the controlling officer of the witness so that disciplinary action could be initiated.
231. Who bears the expenditure incurred by the witnesses and parties for attending the inquiry?
In respect of serving Government Servants, the expenses are to be borne by the respective organization where the witness is employed based on the certificate issued by the Inquiring Authority. Otherwise the expenses will have to be met by the Disciplinary Authority.
232. What facility is provided to the Inquiring Authority for expeditious completion of the proceedings?
DoP&T OM No. 142/5/2003-AVD.I dated 6.4.2004 provides that Inquiring Authority may be relieved of normal duties for 20 days in two spells for timely completion of inquiry.
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