163. Knowledge Spectrum – Discipline – BRIEF OF THE PRESENTING OFFICER 80.
241. What is the role of logic in the written brief of the Presenting Officer?
We have seen in an earlier chapter that a charge stems from a set of facts. The Facts are proved through evidence. Logic is the linkage which connects evidence to the charge through facts.
For example, the charge against an officer is that he had issued a false certificate inspected a product on a date when the product was not in existence. Following pieces of evidence were produced during the inquiry:
(a) Inspection report dated Day D duly signed by the charged officer (b) Stock register of finished product as on D-4 (c) Stock register of the raw material as on D-10 (d) Gate pass for exit of the finished product on D-3,0-2 and D-1 (e) Entry record of raw material for D-9 to D-1 (f) Expert opinion on how much raw material would be required for preparing one unit of product.
Above facts are seemingly disjointed and do not lead anyone anywhere. There is a logical chord running through the above disjoint pieces of facts, which will lead to the establishment of the charge when linked logically. Presenting Officer's job is to show as to how different pieces of evidence taken together lead to establishing the charge
242. How important is the role of language in the preparation of the written brief of the Presenting Officer?
The basic purpose of preparing the written brief is presenting the details and convincing the Inquiring Authority about the reasons for concluding that the charges are proved. The facts to be presented in the brief may be many. The analysis and presentation of these facts call for communication skill of a fairly high order. The brief is required to be read and understood by the Inquiring Authority without any clarification from the Presenting Officer. (Obviously, the Inquiring Authority will be reading the brief at his convenience and the Presenting Officer is not expected to be present for offering any explanation).
Besides, verbal presentation has certain advantages such as body language, voice may be able to emphasize his points by raising his voice or slowing the pace of delivery. On the other hand, the Presenting Officer is arguing his case through the written brief and hence his brief must be able to speak loud and clear. Therefore, special efforts must be made by the Presenting Officer to prepare his written brief in a lucid style, endowed with a logical sequence. The Presenting Officer should therefore adopt an effective style of writing. It is desirable to type the vital points in bold letters or otherwise highlight the same.
243. How many copies of the written brief are to be submitted by the Inquiry Authority?
Ideally, the Presenting Officer should prepare as many copies of the written brief as the number of charged officers (applicable in the case of common proceedings) and an additional copy each for the Inquiring Authority and the Disciplinary Authority. This will obviate the need for preparation of additional copies by the Inquiring Authority.
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