RAJ KUMAR (SERVICE) 11 September 2017
IT DEPENDS ON THE CASE FACTS. IF THE DOCUMENTS ARE DLIVERED WITH THE REQUISITE SATISFACTION OF INSPECTION BY CSE. THE DEPOSITION IS DONE BY THE WITNESSES LISTED AT THE TIME OF ISSUING CHARGESHEET. TIME TAKEN IN THE DEPOSITION DEPENDS ON THE LENGTH OF THE DOCUMENT AND FACTS IN IT. SO THERE IS NO MINIMUM OR MAXIMUM TIME LIMIT IS THERE. IF THE CSE DOES NOT PARTICIPATE THE ENQUIRY THEN ENQUIRY OFFICER IS DUTY BOUND TO MAKE ALL EFFORT TO GIVE CHANCE TO CSE TO ATTEND THE ENQUIRY. BEFORE GOING TO EX-PARTE THE ENQUIRY OFFICER INFORMS ABOUT IT TO CSE THAT ON SUCH AND SUCH DATE THE ENQUIRY PROCEEDINGS WILL GO ON EX-PARTE. EVEN AFTER THE DEPOSING THE WITNESSES THE ENQUIRY OFFICER TRIES TO CLEAR THE HURDLES AND TRIES TO KNOW THE FACTS BEHINDS NOT ATTENDING THE ENQUIRY BY THE CSE, AS HE HAS TO MENTION IN THE ENQUIRY REPORT THE REASONS WHY THE ENQUIRY PROCEEDINGS WERE CARRIED EX-PARTE. AFTER THAT ALSO CHANCES ARE GIVEN TO CSE TO CROSS-EXAMINE THE WITNESSES IF CSE JOINS THE ENQUIRY. BEFORE FINAL CLOSING OF SUCH PROCEEDINGS MORE CHANCES/INTIMATION IS SENT TO JOIN THE ENQUIRY. AFTER ALL THE POSSIBILITIES EXHAUSTED THE ENQUIRY PROCEEDINGS ARE FINALISED WITH THE FACTS OF SUCH HAPPENINGS IN ENQUIRY REPORT.
jyotirmaya behera (advocate) 11 September 2017
No one can say you how many time that will be taken. But for D P there may take some time not less than 6 months. You are bound to participate in that proceeding nor you cannot defend yourself. If you want to be acquittal then you have to file your document which can prove you to innocent.
Jyotirmaya Prasad Behera
Advocate, Orissa High Court
darshana sawant (associate consultant) 26 September 2017
The Standing orders prescribe that you should give sufficient opportunity to the delinquent to defend himself in the enquiry as per the rules of natural justice and fiarplay. Therefore, you need to ensure that the chargesheet is communicated to him and proof to that effect, charges are elaborate and clear and unambiguous, then the notice of enquiry is received by him or not, if received then the Enquiry officer should give sufficient time say around three dates for him to appear in enquiry, failing which he can conduct it exparte after noting down demeanor of the delinquent. If the communication however, is not served upon CSE for any reason, you need to give public notice.