165. Knowledge Spectrum – Discipline – Written Brief of the Presenting Officer 82.
245. Introduction: It is desirable that the brief starts with an introduction wherein the details of the case may be given. The introduction may run something like this:
"Charges were framed by XXXXX (Disciplinary Authority) against Shri. ABC (name and designation), under Rule 14 of the CCS (CCA) Rules 1965 vide OM No. XXXXX dated XXXXX. On the denial of the charges by Shri ABC, it was considered necessary by the Disciplinary Authority to hold an inquiry into the matter and accordingly Shri. Mmmmmm (name and designation) was appointed as the Inquiring Authority and the undersigned viz. sSsSsSss (name and designation) was appointed as the Presenting Officer. Inquiry was held during xxxxx (date of commencement of the inquiry) and yyyyyyy (date of conclusion of the inquiry). The Inquiring Authority ordered on yyyyyy that the written brief of the Presenting Officer be submitted by zzzzzz (date). Subsequently, on the request of the Presenting Officer time for submission of the brief was extended to kkkkk under intimation to the charged officer. Accordingly this written brief is being submitted."
246. Charge: The second item in the written brief must be the details of the charges. The para may read
"The articles of charge framed against Shri. ABC are: mmmmmmmmmm"
247. Proceedings during the Preliminary Hearing: Details such as the denial of the charges by the Charged Officer during the Preliminary Hearing, the details of the State documents admitted and disputed by the Charged Officer may be indicated here.
248. Opportunities given to the Charged Officer: Providing reasonable opportunity to the Charged Officer is an essential requirement of the disciplinary proceedings. Besides, the Charged Officer is likely to mention in his written brief that he was not provided with reasonable opportunity. Hence, the Presenting Officer should commence his contentions with a submission about the opportunities given to the Charged Officer. Presenting Officer should highlight the opportunity given to the Charged Officer for presenting additional documents/witnesses. Besides, permission granted to the Charged Officer for engagement of Defence Assistant, any lenience shown to the Charged Officer, any facility availed by him, etc. may be specifically brought out here. It is desirable that the Presenting Officer anticipates the arguments extent possible. If any document which was totally irrelevant was requested by the Charged Officer and the same was denied by the Inquiry Officer, one can be more than sure that the Charged Officer will be mentioning the same in his written brief and trying to argue that he was denied reasonable opportunity. The Presenting Officer should anticipate such argument and highlight in his brief that the Charged Officer was provided with reasonable opportunity
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