Rule 14 inquiry,ccs(cca)

SUBHAMOY DASGUPTA (Querist) 30 June 2012 This query is : Resolved
I ,Smt Dipanwita Sarkar,would like to submit that my husband has been facing an inquiry under rule 14 .Can inquiry officer permit my presence during inquiry as anybody can presence in any court in India ?

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ashutosh mishra (Expert) 30 June 2012
DISCRETIONARY MATTER

Devajyoti Barman (Expert) 30 June 2012
He can insist on presence of legal counsel.
If you give details of the inquiry then further suggestion could be advised.

SUBHAMOY DASGUPTA (Querist) 30 June 2012
my husband's inquiry related unauthorized absent though he has no fault.i am a house wife.

Devajyoti Barman (Expert) 30 June 2012
'Unabsent', what do you mean by that?

Sudhir Kumar, Advocate (Expert) 01 July 2012
I disagree with Mr Ashotosh Mishra. IO has no such discretion unless your husband is sick enough not able to attend inquiry himself. That too your presence can be limited to look after his health not to participate in the inquiry. Further in that case he may (if not seeking adjournment due to health ground) prove to be medically unfit to continue in service. FURTHGER ADVISE CAN BE GIVEN IF THE FACTS ARE AVAILABLE.

The domestic inquiry is not at all an open court. In some offices the participants in the inquiry are to be given security pass for entry and in some cases the IO is below the rank of competent authority to allow official visitor and he seek approval accordingly.

You can be otherwise be present in the inquiry if (i) you are a defence witness for your husband (ii) during the time where your evidence is being recorded. In that case you will have the opportunity to say what you want to say in support of your husband.

You could have been present in the inquiry through out if (i) you were a serving or retired Govt servant (ii) if your husband nominated you as Defence Assistance (which could only be prudent if you knew the inquiry procedure equal to the IO if not better than IO)

Your husband has a right to be represented by a serving or retired Govt servant who will be present throughout on all dates of inquiry in official capacity. IO has no discretion to disallow or ignore him.

Perhaps Mr Devajtoyi Burman has understood that the problem is too serious to be handled by you and advised to give details of the case. It appears that the department is taking seriously absence of your husband and you have a point to convey which he cannot.

Guest (Expert) 01 July 2012
Departmental Inquiry under the CCS (CCA) Rules is a quasi-judicial statutory process, where none else except the Charged official or his defence assistant can be allowed by the Inquiry Officer to present his case. Even any legal counsel is not allowed on his behalf unless the Presenting Officer is also a legal practitioner and such legal counsel has duly been admitted as the Defence Assistant of the charged official.

However, to enable the experts to suggest you some remedy, you may please state the reason why your husband is unable to attend the inquiry himself.

Chanchal Nag Chowdhury (Expert) 01 July 2012
NO. Unless U R there to represent him/present his case because of some infirmity of your husband.

Sudhir Kumar, Advocate (Expert) 02 July 2012
I will add to what Mr Chanchal Nag chaudhary stated. There is difference in presenting his case to bepresent with him due to some informity. She is not a Govt servant she cannot present case of any accused in departmental inquiry.

Her problem is perhaps much deeper than inquiry whihc she has not revealed.

Sudhir Kumar, Advocate (Expert) 15 September 2012
You are splitting your query in many threads expecting the expertrs having really spare time who may hunt for the facts for you and then advise. You already hve been advised on following threads :-

http://www.lawyersclubindia.com/experts/CCSCCA-rule-14-inquiry-316086.asp

http://www.lawyersclubindia.com/experts/CAT-319716.asp

http://www.lawyersclubindia.com/experts/rule-14-inquiry-ccs-cca--318526.asp

http://www.lawyersclubindia.com/experts/Marital-Status-316191.asp

http://www.lawyersclubindia.com/experts/CCSCCA-RULE-14-314661.asp

http://www.lawyersclubindia.com/experts/inquiry-rule-14-ccs-cca--314551.asp

http://www.lawyersclubindia.com/experts/Ccs-cca-rule-14-338096.asp

Please post full facts in one thread if you need meaningful advise. This is a chartable forum.

Rule 14 inquiry,ccs(cca)

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