Argument
kehar singh
(Querist) 01 July 2012
This query is : Resolved
Sir,
My Inquiring Authority has said that after cross examination of witness of both side i.e department and myself, I have to get ready for argument.
Pl give me some jest about what is done in argument. I mean how should I prepare myself for argument.
Devajyoti Barman
(Expert) 01 July 2012
The argument should revolve around the discrepancy of the case of prosecution regarding the lack of proof and the point of your defence.
Guest
(Expert) 01 July 2012
In departmental inquiry case, there is no provision in the classification, control & appeal rules for arguments between the prosecution and the defence during or after the proceedings. The only provision in the rules is that at first the prosecution has to give prosecution brief, either orally or in writing after close of the defence case and be taken on record. After the brief of the prosecution is received, C.O./defence has to give his own defence brief,either orally or in writing. Ask your I.O. to make a mention of specific rule under which he has desired arguments from both sides.
Sudhir Kumar, Advocate
(Expert) 31 July 2012
IO appears to be ignorant of the proccess. You are also.
If you have a serving/retired Central/State/ PSU employee as Defence Asstt he can prevail upon .
kehar singh
(Querist) 01 August 2012
Ok I will now take the help of defence assistant. But for your information -the the State Inquiry Officer says that his office functions like a court under the law. So all proceedings in his chamber will be like that of a court.
Sudhir Kumar, Advocate
(Expert) 01 August 2012
IO is right. He executes quasi-judicial functions and deptll inquiry is not open court.
Please do not use words like "for your information". It is derogatory for a persons like me having such an experience of Disciplinary proceedings in difference capacies as IO,PO,Def Asstt, witness.
we are responding to this thread to save your career. Our actions are in charity.
Sudhir Kumar, Advocate
(Expert) 01 August 2012
Further being acccused (unless volunteer to be witness) you are not subject to cross-examination.
IO can ask you some questions
(i) after closure of evidence
(ii) to the circumstances appearing against you in evidence
(iii) to enable you to clarify your defence.
This is not cross-examination and not binding for you to reply. It is only an opprtuinity to you not a compulsion. In this prcess your answers cannot be based on personal knowledge as in case of cross-examination you answers will be based on the evidence adduced by either side.
prabhakar singh
(Expert) 01 August 2012
For your information ALSO the State Inquiry Officer CORRECTLY says that his office functions like a court under the law. So all proceedings in his chamber will be like that of a court.
