1000 TIT BITS ON DISCIPLINE -226
If not possible to serve charge sheet, exparte enquiry is the only alternative
866. If it is not possible to trace the GS and serve the charges on him, the Disciplinary authority may resort to action under Rule-19 (ii) and finalize the proceedings after dispensing with the inquiry.
Officer expressed opinion should not be appointed as Inquiry Officer.
867. The inquiry should not be entrusted to an officer who held a preliminary inquiry and expressed a definite opinion on the allegations, especially, where such opinion is adverse to the accused GS.
The Disciplinary Authority should not normally appoint an officer who is directly subordinate to him as the IO.
868. The IO should not summon the following documents as additional documents: -
i. Report of preliminary enquiry/investigation.
ii. File dealing with the disciplinary case of the GS
iii. Advice of the Central Vigilance Commission (CVC)
iv. Advice of the Ministry of Law.
Leading questions are allowed in cross examination
869. Leading questions (questions suggesting their answers) are not allowed in examination-in-chief, and re-examination. But they are permissible in cross-examination.
870. Regular hearing (recording the statements of witnesses after at least 3 days from the date of production of additional documents).
{Note below rule 14 (11) and (1991) 16 ATC 671 Madras}
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