Enquiry
Guest
(Querist) 25 April 2015
This query is : Resolved
1. who is supposed to summon the defence witness in a departmental inquiry? if its IO then can he give summon to Charged govt servant to deliver it to his witness?
2. According to CCS(CCA)not following channel while preferring an appeal can lead to disciplinary action is the same is possible in case of Disciplinary inquiry if the charged officer do not follow a proper channel while making a representation aginst the order passed by the Disciplinary authority about change of IO?
Sudhir Kumar, Advocate
(Expert) 25 April 2015
1. who is supposed to summon the defence witness in a departmental inquiry? if its IO then can he give summon to Charged govt servant to deliver it to his witness?
In other thread you stated that you are IO
better read rule 14 of CCS(CC&A) Rules.
Sudhir Kumar, Advocate
(Expert) 25 April 2015
you may perhaps be doing a great favour if you could quote any provision of CCS(CC&A) Rules that appeals against the orders of disciplinary authority has to be sent though proper channel.
In the mean while you can enhance your knowledge provision of Rule 26 of CCS(CC&A)
(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language, and shall be complete in itself.
(3) The authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay, and without waiting for any direction from the appellate authority
Guest
(Querist) 25 April 2015
thanks sir
1. But still plz clarify abt DEFENCE Witness??
2. CO who is suspended his regular hearing of the case was scheduled on 20 April but on 19 the CO expressed his inability vide letter to attend the hearing stating medical reasons and requested it to be postponed by 20 days as according to him his medical attendant had advised him bed rest for 20 days(whereas he was seen roaming around & driving car in the campus) when he was asked to produce medical certificates & documents substantiating his claim before the next hearing. he submitted tampered medical documents and some were dated 23 April(three days after)and on inquiry from hospital were found tampered & forged.
what can be done if the departmental inquiry against the CO is in progress?
Guest
(Expert) 25 April 2015
Academic inquiry of in continuation of his earlier academic query, as at the following link:
http://www.lawyersclubindia.com/experts/Departmental-enquiry-534451.asp
Guest
(Querist) 25 April 2015
thanks sir
1. But still plz clarify abt DEFENCE Witness??
2. CO who is suspended his regular hearing of the case was scheduled on 20 April but on 19 the CO expressed his inability vide letter to attend the hearing stating medical reasons and requested it to be postponed by 20 days as according to him his medical attendant had advised him bed rest for 20 days(whereas he was seen roaming around & driving car in the campus) when he was asked to produce medical certificates & documents substantiating his claim before the next hearing. he submitted tampered medical documents and some were dated 23 April(three days after)and on inquiry from hospital were found tampered & forged.
what can be done if the departmental inquiry against the CO is in progress?
Sudhir Kumar, Advocate
(Expert) 26 April 2015
In other thread you have stated that
"as per CCS(CCA) Rule Departmental promotion should be held after every six months. "
this clearly and unboudtendly indicates that you are yet to open the book CCS(CC&A) Rules.
You are advised to read rule 14 to know who will summon Defence witnesses and who will summon Prosecution witnesses and when they will be summoned.
OPne one hand you are saying that PH is yet to be over and DA is yet to be appointed and on other hand you are at the stage of calling defence witnesses.
Do you want to start Inquiry by defence evidence first. Please confirm.
Guest
(Querist) 26 April 2015
respected sir,
1) actually i have gone through CCS(CCA) rule according to it defence witnesses can be called by IO but one of the lawyer say its not mandatory.thats why I was seeking expert coment.
2) actually i was posting my frnds problems also thats why so much of confusion.
3.plz advice
CO who is suspended his regular hearing of the case was scheduled on 20 April but on 19 the CO expressed his inability vide letter to attend the hearing stating medical reasons and requested it to be postponed by 20 days as according to him his medical attendant had advised him bed rest for 20 days(whereas he was seen roaming around & driving car in the campus) when he was asked to produce medical certificates & documents substantiating his claim before the next hearing. he submitted tampered medical documents and some were dated 23 April(three days after)and on inquiry from hospital were found tampered & forged.
what can be done if the departmental inquiry against the CO is in progress?
Sudhir Kumar, Advocate
(Expert) 26 April 2015
when you have read the rule then what is the rule then where is scope of doubt.
please do not take viva of experts.
You have already consulted some lawyer. It is not know whether he is versed with disciplinary procedure and it is also not know what facts you presented before him.
Why your friend who is incompetent to do job of IO is consulting you a further incompetent person.
Sudhir Kumar, Advocate
(Expert) 26 April 2015
"and on inquiry from hospital were found tampered & forged."
who made this inquiry from hospital?
when made this inquiry from hospital?
how inquiry is made from hospital?
what happened to the hearing during the process of inquiry from hospital?
Sudhir Kumar, Advocate
(Expert) 26 April 2015
"(whereas he was seen roaming around & driving car in the campus)"
seen by whom?
has anyone deposed before IO to have seen him roaming and driving in campus?
Guest
(Expert) 26 April 2015
Mr. Sudhir,
Good discussion. Continue with that till you are able to know in what respect his original query was and how he is able get you astray to some other unconnected topic.
The question arises, when he does not know even a bit of what is what of the inquiry process and how to proceed to conduct an inquiry, on what ground he has become an I.O. of the case?
He does not know about the process of calling defence witnesses, he does talks about taking disciplinary action against the C.O. (in the capacity of a clerk) he does not know how to tackle the case of a fake MC by the C.O.
I HOWEVER DOUBT ABOUT HIS BEING AN I.O, WHEN HE IS POSTED IN THE CAPACITY OF A CLERK, AS PER HIS PROFILE.
So, you should be ready to deliver him tutorials on all the aspects of conduct rules, and CCS (CCA) Rules.
Even if he has been appointed as an I.O., from his discussions, it is amply clear that he and his wife, although being class-III clerks, have purposely been made I.O. and the P.O. respectively just to prove the charge by hook or by crook and the C.O. also seems to be evading the inquiry due to their likely loyalty with a prejudiced disciplinary authority.
Sudhir Kumar, Advocate
(Expert) 26 April 2015
I have understood very well that it is not he rather some other more incompetent person who is and IO in an Armed Force unit.
I also understood that he is on to imagine something or the other detrimental to the accused and advise the IO accordingly and make case of accused strong in Court. I fully appreciate and endorse the reading of Mr Dhingra that :-
"Even if he has been appointed as an I.O., from his discussions, it is amply clear that he and his wife, although being class-III clerks, have purposely been made I.O. and the P.O. respectively just to prove the charge by hook or by crook and the C.O. also seems to be evading the inquiry due to their likely loyalty with a prejudiced disciplinary authority."
I have also understood that he has not seen even the cover page of CCS(CC&A) Rules before making the query as in another thread he said these rules related to DPC.
Beyond this I do not want to express at this stage.
Guest
(Querist) 26 April 2015
BY THE WAY I AM NOT CLERK BUT A GROUP 'B' EMPLOYEE & I DIDN'T WANT TO DISCLOSE FULL DETAILS OF THE CASE.
inconvenience caused is greatly regretted.
Sudhir Kumar, Advocate
(Expert) 26 April 2015
It matter little what designation you hold while acting as IO and PO. Even top officers also commit procedural errors. There is no ban on non-gazetted person to be IO.
Sudhir Kumar, Advocate
(Expert) 26 April 2015
No inconvenience is caused by you.
We have decided to spare our personal time, electricity, net charges for charity. SO such like reactions like yours is not new.
But most of the persons give real problem with facts get a solution and are thankful.
Sudhir Kumar, Advocate
(Expert) 30 April 2015
fresh thread at
http://www.lawyersclubindia.com/experts/false-allegation-535496.asp#.VUIuDvCupVI
