False allegation
Guest
(Querist) 29 April 2015
This query is : Resolved
During dep inquiry the prosecution witness showed
1. non cooperation
2, intentional hiding of the fact
3. false allegation of harassment on presenting officer
under which CCS(CCA) Rule disciplinary inquiry can take place?it calls for major penalty(14) or minor penalty(16)?
Dr J C Vashista
(Expert) 30 April 2015
Department Inquiry cannot impose any penalty, which is constituted for fact finding only. If the PW is hostile, record it and submit the finding.
The appointing authority is vested with penal power.
P. Venu
(Expert) 30 April 2015
What is your real issue? We are helpless if you post selective information and play hide and seek.
Guest
(Expert) 30 April 2015
Your present query indicates, as if you are a disciplinary authority, while as per your profile you are a clerk.
Sometimes, you pose as an Inquiry Officer, sometimes, as a Group-B Officer and sometimes, you seek advice, as a TGT (Hindi) teacher about your promotion to PGT teacher.
Why you are impersonating in different positions as employee and posting only vague queries, nothing else?
Can you please quote any reason why the experts should believe your varied statements in varied impersonated positions just to waste their precious time in replying your vague queries?
Sudhir Kumar, Advocate
(Expert) 30 April 2015
just 2-3 days back you were seeking guidance about adjournment of inquiry for non-appointment of Defence Asstt. Then you raised issue regarding summon of defence witness. Now you are indicating that the inquiry is not on stage of prosecution witnees examination.
what is the real problem faced by you.
Sudhir Kumar, Advocate
(Expert) 30 April 2015
"it calls for major penalty(14) or minor penalty(16)?"
If you are already appointed as IO then this is none of your concern as to whether inquiry is under rule 14 or 16. You are IO you have to follow the procedure.
you better read the rule and raise question regarding interpretation of specific rule.
Sudhir Kumar, Advocate
(Expert) 30 April 2015
Further,
when you say that prosecution witness raised allegation of harassement by Presenting Officer then this gives a prima-facie impression that :-
(i) no statement of him is recorded in investigation and no such statement is in Annexure-III of the chargesheet (you have stated nothing in this regard and left matter to presumption
(ii) he is being compelled to depose in a way that prosecution theory is proved
(ii) he doe snot want to falsely depose.
(iii) the representing officer in over zeal to prove charges may be threatening him hence the allegation.
(iv) IO the spouse of Presenting Officer (instead of restraining the PO form doing so) has decided the allegation against Presenting Officer to be false and given the accused one more handle against the deptt. [IN ONE OF THE THREADS YOU HAVE JUSTIFIED THAT APPOINTMENT OF IO/PO AS PRESENTING OFFICER]
(v) The presenting officer has not opened the book at all and doe snot know his/her job at all and is not versed as to how to deal with hostile witness.
Guest
(Querist) 30 April 2015
Disciplinary inquiry of hostile witness & false allegation by her can take place under which rule? major penalty (14)or minor penalty(16)
Sudhir Kumar, Advocate
(Expert) 30 April 2015
"Disciplinary inquiry of hostile witness & false allegation by her can take place under which rule? major penalty (14)or minor penalty(16)"
NOT FOR YOU TO DECIDE AS IO AS TO WHAT ACTION IS TO TAKEN AGAINST THE WITNESS.
THE DISCIPLINARY ACTION CAN ALSO BE TAKEN AGAINST THE PRESENTING OFFICER WHO HAS FAILED TO CROSS-EXAMINE THE SAID WITNESS BY DECLARING HIM HOSTILE.
Rajendra K Goyal
(Expert) 30 April 2015
Agree with the views of expert PS Dhingra ji.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
The author is not genuine in seeking clarification for queries, hence nothing can be opined about his query. I go by the experts views.
Sudhir Kumar, Advocate
(Expert) 04 May 2015
Your posts also clearly indicate that you are over enthusiastic IO, biased to prove charge prosecuted by your spouse.
When IO is biased and over enthusiastic he tends to commit procedural error even if he is well versed with the procedure. By gracious deeds of the accused you do not even know the procedure and apparently not seem to be interested in knowing.
You the best friend of the accused.
