160. Knowledge Spectrum – Discipline – BRIEF OF THE PRESENTING OFFICER 77.
233. What is the purpose of the written brief of the Presenting Officer?
Submission of the written brief is the culmination of the activities of the Presenting Officer. During the hearing, the parties to the proceedings present documentary evidence and lead oral evidence. Evidence presented during the hearings serve the purpose of presenting facts. The facts must lead to some inference. The link the bare facts and the inference is required to be established through logic.
Towards this end, Rule 14(19) of the CCA Rules provides as under:
"The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, if any, appointed, and the Government servant, or permit them to file written briefs of their respective case, if they so desire."
234. Which is a better course of action – making verbal submissions or filing written briefs?
Lawyers generally argue the cases on conclusion of the examination of witnesses in the judicial proceedings. In most of the disciplinary cases, the summing up of the case is done through submission of written briefs. All the parties to the proceedings prefer the submission of written briefs because of the following reasons:
(a) If the case is argued orally, the Inquiring Authority will have to take down notes of the argument and the same will again have to be reduced to writing. Submission of written briefs saves this extra labour for the Inquiring Authority.
(b) Arguing a case is a more difficult task than leisurely writing a brief. Argument calls for certain additional skill i.e. Presentation skills, verbal fluency, presence of mind, etc.
(c) Officials are mostly familiar with the written submission of their proposals and would feel at home while preparing written briefs.
(d) While arguing a case one may miss a point. But written briefs can always be rechecked and shown to an expert before submission and omissions can be avoided.
(e) Above all, the Presenting Officer can get his written brief vetted by the appropriate authorities before submission to the Inquiring Authority.
235. What is the source material from which Presenting Officer prepares the written brief?
The content of the written brief of the Presenting Officer is derived from the following:
(a) Charge Sheet (b) Statement of defence given by the Charged officer at various stages (c) Evidence led on behalf of the parties - documentary and oral (d) Daily Order Sheets (e) Interlocutory Orders passed by the Inquiring Authority in the course of Inquiry
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