Can the enquiry officer deny the documents demanded by delinquent after submission of brief

sukhpal singh (Querist) 05 October 2011 This query is : Resolved
Sir
If a disciplenary proceeding held ex parte and when the presenting Officer submitted his brief to the Enquiry Officer and the Enquiry Officer send the brief to the Delinquent for his comment and at that stage if the Delinquent demanded certain list of documents.

Can the Enquiry officer says that he had taken up the matter with the disciplinary Authority and the disciplinary had denied to give the documents demanded by the delinquent at this stage oreover the documents demanded were not tracable or irrelevant?
Can the accused take this plea while filing a writ of not providing the documents for defence? In this case the delinqued had tendered his resignation before the Chargesheet served to him.

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Advocate. Arunagiri (Expert) 05 October 2011
When a inquiry was decided exparte, you have right to demand documents, only during the appeal.

prabhakar singh (Expert) 05 October 2011
i squarely agree with Mr. Arunagiri

Sailesh Kumar Shah (Expert) 05 October 2011
I agree with Shri Arunagiri Advocate.

Guest (Expert) 05 October 2011
Dear Sukhpal,

The stage of asking for documents happens during the preliminary stage when the listed documents are offered to be inspected. Documents cannot be supplied at the last stage of submission of P.O. Brief or before Defence Brief.

R.Ramachandran (Expert) 05 October 2011
I completely agree with the views of Mr. Dhingra.

Raj Kumar Makkad (Expert) 05 October 2011
I even object the procedure adopted by EO requiring comments by sending submissions filed/submitted by PO of management when delinquent employee had already been declared ex-parte. Even if it was erroneously done, there is no occasion for the delinquent employee to reverse the wheel of time without getting ex-parte proceeding set aside.

Khaleel Ahmed Mohammed (Expert) 06 October 2011
i agree with dhingra

Guest (Expert) 07 October 2011
Of course, Shri Makkad has rightly pointed out towards the sheer ignorance of the law of inquiry on the part of the Inquiry Officer, if he has taken up the matter of asking for the documents at the final stage of the inquiry.

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