1000 TIT BITS ON DISCIPLINE -238
926. Daily order sheet [DOS] should be served with a copy of the written Brief of PO
Requirement of Rule 14 (19) of CCS [CCA] Rules and the Principle of Natural Justice demand that daily order sheet [DOS] should be served with a copy of the written Brief of PO, before charged official is called upon to file his Brief.
[Collector of Customs V Mohd Habibul 1973 1SLR 32 Calcutta]
926. Daily order sheet [DOS] should be served with a copy of the written Brief of PO
Requirement of Rule 14 (19) of CCS [CCA] Rules and the Principle of Natural Justice demand that daily order sheet [DOS] should be served with a copy of the written Brief of PO, before charged official is called upon to file his Brief.
[Collector of Customs V Mohd Habibul 1973 1SLR 32 Calcutta]
927. Frequent change of IO leads to Bias
Repeated request for change of Inquiry Officer should have been considered even Bias is not proved, on the principle “Justice to be manifest to be done”.
[Radhe Shyam Pande V UOI & others 1987 (2) SLJ (CAT) 1 (Jabalpur Bench)]
928. “The I.O. is not to act as his own judge",
e.g., if the charge is manhandling or abusing or accusing of corruption of charge-sheeting authority, the latter automatically forfeits his power to punish, as nobody can be his own judge.
929. I. O cannot explore any new ground.
As per Rule 14 (18), the questioning should confine to facts adverse to the C.O as per evidence already on record. The l. O cannot explore any new ground. Putting searching questions vitiate the inquiry
(1990) 13 ATC 641 Madras.
930. The general questioning should not be turned to be a substitute to cross examination.
ATR 1987 (2) CAT 12 Delhi.
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