1000 TIT BITS ON DISCIPLINE -225
Formalities relating to Defence Assistant
862. Many a time, the regular hearing though fixed much in advance, has to be postponed because the defence assistant is not present. To obviate such situations, it is suggested that while sending notice of regular hearing to the charged employee he should be told in unmistakable words that he must arrange for defence assistance before the date of regular hearing and that no adjournment shall be granted for this purpose. Further, if he makes any request in this regard to the inquiry officer such as writing to the controlling authority of the defence assistant for sparing him for the hearing, it should be done well in time under intimation to the charged employee.
863. Similar type (the example given above is only illustrative and not exhaustive) it would be sufficient if the Government servant is permitted to inspect the official records and take extracts there from as is provided for in sub-rule (3) of Rule 15 of the Central Civil Services (Classification, Control and Appeal) Rules. Sub-rule (4) of Rule 5 of the All India Services (Discipline and Appeal) Rules does not specifically provide for the Government servant taking extracts from official records. The practice, however, is that officers governed by the All India Services (Discipline and Appeal) Rules do take such extracts from records. This practice should be continued and no restriction should be placed on such officers from taking extracts from official records.” [MHA O.M. No. 30/5/61-AVD, dated 25th August, 1961]
864. Responsibility of retrieval and getting the documents inspected by the Charged Official is that of Inquiring Authority and not of Presenting Officer.
The prerequisites in the appointment of I.O.
865. An officer associated with an earlier inquiry against the Government Servant or an officer who has expressed opinion about the case should not be appointed as I.O.
[DG P&T No.201/70/74-DISC ii dtd 20.05.1976]
An officer who may have to appear as a witness cannot be appointed as I.O
[Rule 8 P&T Volume III]
I.O should be sufficiently senior in rank to the Government servant.
[DG P&T No.7/12/70-Ests dtd 06.01.1971]
Only disinterested officers who could not be suspected of bias shall be appointed as I.O.
[MHA OM No. F6.26/60-Ests(A) dtd 16.02.1961]
Post a Comment