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Disciplinary matters

(Querist) 20 February 2024 This query is : Resolved 
The charged officer in a Rule 14 inquiry has requisitioned the disciplinary authority as an additional witness to prove that the instant charge sheet is signed by him. Should it be allowed by IO ? In my opinion, the request of CO should not be acceded to. But I have no ruling in support of this. What is the correct measure for IO? Ruling may kindly also be provided!
T. Kalaiselvan, Advocate (Expert) 20 February 2024
For the desired ruling either you may have to search for one in the internet or through your lawyer.
kavksatyanarayana (Expert) 20 February 2024
Are you a central government or state government employee? The rules vary for each State and Central. You can ask your seniors for the rule position. But as per CCS Rules, 1964,
Examination of witnesses on behalf of the accused official:- The Government servant who has been permitted to assist the accused official should be permitted to examine, cross-examine and re-examine witnesses and make submissions before the Inquiry Officer on behalf of the accused official if the accused official makes a request in writing in this behalf.
[MHA OM No. 6/26/60-Ests. Dated the 8th June, 1962]
Sudhir Kumar, Advocate (Expert) 21 February 2024
You seem have a genuine doubt and probably you are Inquiry Officer and do not want to vitae he inquiry on petty things.

Correct me if I am wrong.

It can be visualized that the doubt faced by you may not be having any precedence/citation. (or may be you think mountain of molehill)

But you are not able to convey actually what is you dilemma. You need to share relevant facts.
Niranjan Mohanty (Querist) 21 February 2024
Thanks for prompt response. This is regarding CCS(CCA) Rules,1965.I am the particular Disciplinary authority in the instant case. As I know, additional documents and witnesses are requisitioned to prove facts and points in the charges framed against the delinquent official. The inquiry is initiated by the Disciplinary Authority based on the prima facie discovered by the investing officer. The CO is given all resonance opportunities to defend and prove his innocence. Instead of that the CO is requisitioning the Disciplinary Authority which has no relevance at all to the facts and points in the charge levelled against the CO.
Sudhir Kumar, Advocate (Expert) 25 March 2024
In case the charged officer is able to establish that evidence of the persons sitting on chair of disciplinary authority is absolutely essential for defense f the case he his evidence may be mandatory.

In that case the case will then have to be presented to another authority after completion of inquiry. Final view in this regard can only be expressed on perusal of papers.

In case he is merely chalenging bonafide of the assumption of office of by the persons sitting on chair of Disciplinary Authority, then the matter is beyond inquiry.

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