1000 TIT BITS ON DISCIPLINE -237
921. In ex parte proceedings, the entire process of the inquiry has to be gone through.
The notices of all hearings should be served on the accused unless the first notice says that the inquiry will continue from day to day. The notices to witnesses should be sent, the documentary evidence should be produced and marked, the PO should examine the prosecution witnesses, etc. The IA should record the reasons why he has decided to hold an ex parte inquiry, as also what steps he has taken to make the GS participate in the inquiry.
921. In ex parte proceedings, the entire process of the inquiry has to be gone through.
The notices of all hearings should be served on the accused unless the first notice says that the inquiry will continue from day to day. The notices to witnesses should be sent, the documentary evidence should be produced and marked, the PO should examine the prosecution witnesses, etc. The IA should record the reasons why he has decided to hold an ex parte inquiry, as also what steps he has taken to make the GS participate in the inquiry.
922. An ex parte inquiry is justified when the GS remains absent without any authority.
In such a case, the GS should not be placed under suspension. If the GS is under suspension, and he disappears and cannot be contacted at his last known address, the suspension order should be revoked, and ex parte inquiry ordered.
923. The IA should be senior in rank to the accused GS.
An official who may have to appear as a witness in the disciplinary case is debarred from functioning as the Presenting Officer or Inquiring Officer (IO).
If the GS does not appear for the inquiry in person before the IA or refuses to comply with the provisions of the rule, the IA may hold the inquiry ex parte (meaning: in the interest of one side only)
924. If a new IA is appointed in the middle of a proceeding,
He may, if he considers it necessary, recall, examine, cross-examine and re-examine any witnesses, whose evidence has already been recorded. Otherwise, he may act on the evidence recorded by his predecessor.
925. IA may record different charge from the original articles of charge, but he cannot issue a formal charge sheet
If the IA is of the opinion that the inquiry has established any article of charge different from the original articles of charge, he may record his findings on such articles of charge. But he cannot record such findings unless the GS has either admitted the facts or has had a reasonable opportunity of defence. The IA is not competent to issue a formal charge sheet to the accused GS.
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