Inquiry rule 14 ccs(cca)
SUBHAMOY DASGUPTA
(Querist) 16 June 2012
This query is : Resolved
Sir,I am a central govt employee, an inquiry under rule 14 ccs cca -1965 has been going on against me . But after a lapse of more than 3 months, presenting officer (PO)has been repeatedly failing to produce documents / files which lead to my victimization.what would be my next course of action?
Sudhir Kumar, Advocate
(Expert) 16 June 2012
I hope you have got some serving or retied Govt servant as Defence Assistant to argue for you in Inquiry and he should be knowing what to do.
In case you have not engaged then do so.
In case IO has not given you said opportunity then insist so.
Now coming to the problem raised. The PO is not able to produce the prosecution documents for 3 months. You have not said how many adjournments he has sought and whether such document really exists.
Normally I would have advised that you keep silent and let him not produce the document. But correctness of advise will depend on multiple factors (i) what are the charges (ii) is there parallel criminal prosecution (iii) is there any other accused facing separate inquiry on the basis of same documents (iv) whether documents really exists.
Advice based on half facts is liable to be incorrect and detrimental to your interest.
Devajyoti Barman
(Expert) 16 June 2012
1. If there is mechanism for internal Appeal then do prefer such appeal first and wait for its decision.
2. If there is no such intra appeal then going to the CAT is your next course of action.
Guest
(Expert) 16 June 2012
You have not mentioned whether you are referring to the listed documents or additional documents requisitioned by you after supply of the originally listed documents in the case.
If you are talking about the documents, as listed in Annexure-III of the Charge Sheet, the P.O. was required to produce the same at the very first date of preliminary hearing. If he failed to do so, the I.O. was bound to direct him to produce the documents within some specific period.
If you are talking about the additional documents, as requisitioned after receipt of the originally listed documents, delay uually happens on the part of the custodians. But still in such cases aslo effectiveness of the I.O. and your defence assistance is called for. If I.O. is lax and lethargic, your defence assistant should be so insistent & persistent that the I.O. should be compelled to pursue vigourously on production of documents at the earliest possible.
Shonee Kapoor
(Expert) 16 June 2012
Nothing left to be added after the explaination of Ld. Dhingra.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 17 June 2012
No I politely disagree with Mr Burman.
There is no avenue to appeal if the prosecution does not want to submit prosecution evidence. There is no scope of going to CAT to compel the deptt that it must prove charges.
He can only move to CAT to seek directions against delya in inqiry which is his exact grievance. Non-availablibity of defence documents is the chief reason for delay deptt inquiries.
Nothing stops him to use RTI channel in addition which is much more effective than Rule 12 of CCS(CC&A) Rules
instead of giving full facts this queries has opened a new thread at
http://www.lawyersclubindia.com/experts/CCSCCA-RULE-14-314661.asp
In this thread he has stated tht it is the additinal documents which he is referring to.
In case the Presenting Officer is not producing the defence document. Then he may be right. It is none of his duty to produce defence doucments (although many IOs pass such orders). As per Rule 14(12)the IO is emppowered to requisition the same. The Presenting Officer is required to produce the documents when made available by the custodians and
Without full facts none case give him correct advise. The advise cannot be containing "if" and "but".
Sudhir Kumar, Advocate
(Expert) 15 September 2012
Now you hve fresh qeury on other thread
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.
