161. Knowledge Spectrum – Discipline – BRIEF OF THE PRESENTING OFFICER 78.
236. What information in the Daily Order sheet and the Interlocutory Orders passed by the Inquiring Authority are of use in the written brief of the Presenting Officer?
It is good practice for the Presenting officer to highlight that the charged officer has been given full opportunity of defence in the Inquiry - say the adjournments sought by him were granted, documents sought by him were made available, etc. Information In this regard, will be available in the Daily Order Sheets and the Interlocutory Orders of the Inquiring Authority.
237. What is the sequence in which the briefs are presented by the Presenting Officer and the charged officer?
Presenting Officer's brief is to be submitted first. Charged officer is allowed to file his/her brief after perusal of the written brief submitted by the Presenting Officer.
238. What is the authority or justification for asking the Presenting Officer to submit brief in the first instance?
Rule 14 (19) does not explicitly state that the Presenting Officer's brief must be submitted in the first instance. However, DoPT OM No. 11012/18/77-Estt.(A) dated 2 Sep 1978 provides that the Presenting Officer's brief must be submitted in the first instance and a copy thereof must be made available to the charged officer. This OM explicitly states
"In case the copy of the brief of the Presenting Officer is not given to the Government Servant, it will be like hearing arguments of the Presenting Officer at the back of the Government Servant. In this connection attention is also invited to the judgment of the Calcutta High Court in the case of Collector of Customs Vs. Mohd. Habibul [(1973) 1 SLR 321 (Cal)] in which it is laid down that the requirements of Rule 14(19) of the CCS (CCA) Rules 1965 and the principles of natural justice demand that the delinquent officer should be served with a copy of the written brief filed by the Presenting Officer before he is called upon to file his written brief."
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