Ccs (cca) rules 1965

This query is : Resolved 
 

(Querist)
16 December 2011

In a case under CCS (CCA Rules)1965, a charged official (CO), desired change in Inquiry Officer (IO) on ground of bias in its very first Regular Hearing (RH)through a formal letter.

The IO gave stay to RH and sent the CO`s request for change in IO ship to the consideration of Disciplinary Authority (DA)as per rules.

The DA replied to CO rejecting his request for change in IO ship and marked copy of communication to IO and Presenting officer (PO) in the case.

Now on receipt of this letter in IOs office, whether IO`s stay to RH is automatically gets vaccated or IO should wait for Presenting officer (PO) formal comunication of pray for vacating the above stay in RH.




Guest (Expert)
16 December 2011

I.O. can resume the proceedings without any request of the PO or order from the DA.



Guest (Expert)
16 December 2011

If you are an I.O. you can resume hearing without any doubt and without waiting for any further communication. An I.O. is the representative of the Disciplinary Authority and acting on his own behalf. He has already cleared your position as an IO.

But, mind it, you need to adopt impartial proceedings without showing any inclination towards the PO to avoid any chance to the CO to think your working as partial and biased. Your working should be independent and not under the direction, instructions or guidance of the PO.

Advocate. Arunagiri (Expert)
16 December 2011

Well guided by Mr.Dhingra.

Raj Kumar MakkadOnline (Expert)
16 December 2011

IO should not proceed with the enquiry till he receives the decision of the disciplinary authority over the letter of CO to change IO and as in the given case, the application of CO has been rejected, the duty of IO increase wherein he should care on each and every point and should resist to show his partisan attitude towards any particular party to the dispute.

M V GuptaOnline (Expert)
17 December 2011

I agree with the experts opinion.



Guest (Expert)
18 December 2011

@ Shri Arunagiri,

I am Obliged to get your support please.



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