CHAPTER XI

DISCIPLINARY PROCEEDINGS - II
(Oral Enquiry)
1. Fixation of date and place of hearings
1.1 On receipt oI the order oI appointment and the documents enumerated in
paragraph 26 oI Chapter X, the Inquiry OIIicer wiII send a notice asking the
Government servant to present himseII beIore the Inquiry OIIicer at the ap-
pointed pIace, date and time, within 10 days. In the notice, the Government
servant wiII aIso be asked to intimate to the Inquiry OIIicer, beIore the date
Iixed Ior the Iirst hearing, the name oI the Government servant or oI the IegaI
practitioner, as the case may be, who wiII be assisting him in the presentation
oI his case during the enquiry together with a copy oI the permission, where
necessary, oI the discipIinary authority aIIowing him the assistance oI a IegaI
practitioner. The Inquiry OIIicer wiII aIso intimate the Presenting OIIicer in
regard to the date, time and pIace oI the preIiminary hearing. The Presenting
OIIicer wiII bring with him copies oI the statements oI the Iisted witnesses and
the Iisted documents.
1.2 The Iirst hearing wiII normaIIy be Iixed to be heId within 10 working
days Irom the date oI receipt oI the articIes oI charge by the Government serv-
ant. The period oI 10 days may be extended by another 10 days by the Inquiry
OIIicer at his discretion.
1.3 The date, time and venue oI the next hearing wiII ordinariIy be Iixed by
the Inquiry OIIicer and intimated to both parties or their representatives under
their written acknowIedgement beIore the adjournment oI hearing. II the In-
quiry OIIicer has to make a change in the date, time or venue oI the next
hearing Ior any reason, he wiII send a notice oI the next hearing to aII parties
concerned suIIicientIy in advance.
1.4 As soon as the accused Government servant inIorms the Inquiry OIIicer
oI the name and other particuIars oI the Government servant who has been
chosen by him to assist in the presentation oI his case, the Inquiry OIIicer wiII
C(31)
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
202
intimate this Iact to the controIIing authority oI the Assistant Government servant
concerned. Further, the date and time oI the hearing shouId be intimated to the
said controIIing authority suIIicientIy in advance adding that iI, Ior any com-
peIIing reason, it is not practicabIe to reIieve the Government servant con-
cerned on the due date or dates to attend the inquiry, the Inquiry OIIicer, the
accused oIIiciaI and the Government servant chosen Ior assistant the accused
oIIiciaI may be advised weII in advance.
2. First Hearing
2.1 II the Government servant, who has not admitted any oI the articIes oI
charge in his written statement oI deIence or has not submitted any written
statement oI deIence, appears beIore the Inquiry OIIicer at the Iirst hearing, the
Inquiry OIIicer wiII ask him whether he is guiIty or has any deIence to make.
2.2 II he pIeads guiIty to any oI the articIes oI charge, the Inquiry OIIicer wiII
record the pIea, sign the record and obtain the signature oI the Government
servant thereon. The Inquiry OIIicer wiII then return a Iinding oI guiIt in
respect oI those articIes oI charges to which the Government servant pIeads
guiIty.
2.3 II the Government servant IaiIs to appear on the date and time Iixed Ior
the hearing or appears but reIuses or omits to pIead or pIeads not guiIty, the
Inquiry OIIicer wiII ask the Presenting OIIicer to produce the evidence by which
he proposes to prove the articIes oI charge and wiII adjourn the case to a date
not Iater than 30 days. The Inquiry OIIicer wiII aIso then send a programme oI
inquiry to the CentraI VigiIance Commission ( in the case oI Commissioners
Ior DepartmentaI Inquiries ) and the ChieI VigiIance OIIicer (in other cases),
as the case may be.
2.4 The discipIinary authorities shouId be kept posted with the progress oI
oraI enquiries. The Presenting OIIicer shouId send brieI reports oI the work
done at the end oI each hearing to the discipIinary authority in the prescribed
proIorma.
2.5 The accused pubIic servant shouId be asked to indicate the documents,
A(4)
A(4)
C(34)
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
203
out oI the Iist oI documents annexed to the charge-sheets whose authenticity
and genuineness he does not dispute, in order to obviate the need to examine
IormaI witnesses to prove such documents.
3. Inspection of documents by the Government servant
3.1 WhiIe adjourning the case, the Inquiry OIIicer wiII aIso record an order
that the Government servant may, Ior the purpose oI preparing his deIence:
i) inspect, within 5 days oI the order oI within such Iurther time not ex-
ceeding 5 days as the Inquiry OIIicer may aIIow, the documents men-
tioned in the Iist oI documents sent to him with the articIes oI charge,
and
ii) submit a Iist oI witnesses to be examined on his behaII together with
their IuII addresses, indicating what issues they wiII heIp in cIariIying.
3.2 In the order reIerred to in paragraph 3.1 above, the Government servant
wiII aIso be asked to appIy within ten days oI the date oI the order or within
such Iurther time not exceeding 10 days as the Inquiry OIIicer may aIIow, Ior
access to any documents which are in the possession oI Government but are
not mentioned in the Iist oI documents sent to him with the articIes oI charge.
WhiIe asking Ior such documents, the Government servant wiII aIso incIude
the reIevance oI the documents to the presentation oI his case.
3.3 On receipt oI such request, the Inquiry OIIicer may, Ior reasons to be
recorded by him in writing, reIuse to requisition such oI the documents as are,
in his opinion, not reIevant to the case. However, with regard to those docu-
ments, about the reIevance oI which he is satisIied, the Inquiry OIIicer wiII
Iorward the request oI the Government servant to the authority or authorities
in whose custody or possession the documents are kept with a requisition Ior
the production oI such documents oI document or a speciIied date.
3.4 On receipt oI requisition Irom the Inquiry OIIicer, the authority having
the custody oI the requisitioned documents wiII produce them beIore the Inquirey
OIIicer as the speciIic date. However, iI the Head oI Department is satisIied,
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
204
Ior reasons to be recorded by it in writing, that the production oI aII or any oI
the documents wiII be against the pubIic interest or prejudiciaI to the security
oI the State, it wiII inIorm the Inquiry OIIicer accordingIy and the Inquiry
OIIicer wiII, on being so inIormed, communicate the inIormation to the Gov-
ernment servant and withdraw the requisition made by it Ior the production or
discovery oI such documents.
3.5 DeniaI oI access to documents which have a reIevance to the case wiII
amount to vioIation oI the reasonabIe opportunity mentioned in ArticIe 311
(2) oI the Constitution. Access may not, thereIore, be denied except on grounds
oI reIevancy or in the pubIic interest or in the interest oI the security oI the
state. The question oI reIevancy has to be Iooked at Irom the point oI view oI
the Government servant and iI there is any possibIe Iine oI deIense to which the
document may be in some way reIevant, though the reIevance is not cIear at the
time when the Government servant makes the request, the request shouId not
be rejected. The power to deny access on the grounds oI pubIic interest or
security oI State shouId be exercised onIy when there are reasonabIe and suIIi-
cient grounds to beIieve that pubIic interest or security oI the State wiII cIearIy
suIIer. Such occasions shouId be rare.
3.6 The Ministry oI Law have heId that under the existing Irame work oI the
ruIes, no authority other than the Head oI Department can be said to have the
custody or possession oI documents oI the Department, though such custody or
possession may be 'constructive. In the circumstances, a subordinate author-
ity is not competent to cIaim priviIege in respect oI the requisitioned docu-
ments. The authority concerned shouId transmit the requisition to the Head oI
the Department Ior his decision and communicate the same to the inquiring
Authority as soon as possibIe. The IoIIowing may be cited as exampIes oI
documents, access to which may reasonabIy be denied :
i) Reports oI a departmentaI oIIicer appointed to hoId a preIiminary en-
quiry or the report oI the preIiminary investigation oI SPE. - These re-
ports are intended onIy Ior the discipIinary authority to satisIy himseII
whether departmentaI action shouId be taken against the Government
servant or not and are treated as conIidentiaI documents. These reports
are not presented beIore the Inquiry OIIicer and no reIerence to them is
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
205
made in the statement oI aIIegations. II the accused oIIicer makes a
request Ior the production/inspection oI the report oI the Investigating
OIIicer, S.P.E., the Inquiring Authority shouId, instead oI deaIing with
it himseII, pass on the same to the DiscipIinary Authority concerned,
who may cIaim priviIege` oI the same in 'pubIic interest as envisaged
in proviso to sub-ruIe (13) oI RuIe 14 oI CCS (CCA) RuIes, 1965.
ii) FiIe deaIing with the discipIinary case against the Government servant.
- The preIiminary enquiry report and the Iurther stages in the discipIi-
nary action against the Government are processed on this IiIe. Such
IiIes are treated as conIidentiaI and access to them shouId be denied.
iii) Advice oI the CentraI VigiIance Commission. - The advice tendered by
the CentraI VigiIance Commission is oI a conIidentiaI nature meant to
assist the discipIinary authority and shouId not be shown to the Govern-
ment servant.
iv) Character roII oI the oIIicer. - The CR oI the oIIiciaI shouId not be shown
to him.
A copy oI the F.I.R. may be made avaiIabIe to the accused, iI asked Ior.
II report oI preIiminary enquiry is reIerred to in the articIe oI charge or state-
ment oI aIIegations, it has to be made avaiIabIe to the accused Government
servant.
3.7 On the date or dates Iixed Ior the purpose, the accused Government serv-
ant and/or the oIIiciaI assisting the accused Government servant wiII be given
IaciIities to examine the documents reIerred to in sub-paragraphs 3.1 (i) and
3.4 at such pIace as the Inquiry OIIicer may direct in the presence oI the Pre-
senting OIIicer or any other gazetted oIIicer deputed Ior the purpose by the
discipIinary authority or the other authority having the custody oI the records.
II the Government servant desires to keep notes or extracts, he shouId be aI-
Iowed to do so without Iet or hindrance. The Presenting OIIicer or the oIIicer
in whose presence the documents are inspected by the Government servant
wiII ensure that the documents are not tempered with by the Government serv-
ant during the course oI inspection.
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
206
4. Supply of copies of documents to the Government servant
The CCA RuIes do not provide Ior copies oI documents being made avaiIabIe
to the Government servant. The request oI a Government servant to take
photostate copies oI the documents shouId not be acceded to as that wouId give
a private photographer access to oIIiciaI documents which wiII not be desir-
abIe. However, iI the documents oI which photostat copies are asked Ior by the
Government servant are considered by the Inquiry OIIicer to be vitaIIy reIevant
to the case oI the accused, Ior exampIe, where the prooI oI the charge depends
upon the prooI oI the hand-writing or where the authenticity oI a document is
disputed, Government servant shouId itseII get photostat copies made and sup-
pIy the same to the Government servant.
5. Documents held up in Courts
In respect oI documents which are required Ior the enquiry but are heId
up in a court oI Iaw, the CBI wiII persuade the courts to part with the docu-
ments temporariIy or wiII get photostat copies. Where the courts are not pre-
pared to part with the documents and iI the accused pubIic servant insists on
seeing the originaIs, the possibiIity oI making arrangements Ior the accused to
inspect the documents in the courts shouId be examined in consuItation with
the CBI.
6. Statement of witnesses
6.1 II at the Iirst hearing the Government servant requests oraIIy or appIies in
writing Ior copies oI the statements oI witnesses mentioned in the Iist sent to
him with the articIes oI charge and by whom the articIes oI charge are proposed
to be sustained, the Inquiry OIIicer wiII Iurnish him with copies thereoI as
earIy as possibIe but in any case not Iater than three days beIore the commence-
ment oI the examination oI the witnesses on behaII oI the discipIinary author-
ity.
6.2 The question whether statements made by the witnesses during the pre-
Iiminary inquiry/investigation can be straightway taken on record as evidence
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
207
in examination-in-chieI at oraI inquiries has been examined by the Depart-
ment oI PersonneI & AR. On considering the observations made by the Su-
preme Court in certain cases, it may be IegaIIy permissibIe and in accordance
with the principIes oI naturaI justice to take on record the statements made by
the witnesses during preIiminary inquiry/investigation at oraI inquiries, iI the
statement is admitted by the witness concerned on its being read out to him. By
adopting this procedure, it shouId be possibIe to reduce the time taken in con-
ducting departmentaI inquiries. Instead oI recording the evidence oI the pros-
ecution witness, de novo, wherever it is possibIe, the statement oI a witness
aIready recorded at the preIiminary inquiry/investigation may be read out to
him at the oraI inquiry and iI it is admitted by him, the cross-examination oI
the witness may commence thereaIter straightaway. A copy oI the said state-
ment shouId, however, be made avaiIabIe to the deIinquent oIIicer suIIicientIy
in advance (at Ieast 3 days) oI the date on which it is to come up Ior inquiry.
As regards the statement recorded by the Investigating oIIicers oI the CBI,
which are not signed, the statement oI the witness recorded by the Investigat-
ing OIIicer wiII be read out to him and a certiIicate wiII be recorded thereunder
that it had been read out to the person concerned and has been accepted by
him.
7. Summoning of witnesses
7.1 Under Section 5(1) oI the DepartmentaI Inquiries (EnIorcement oI At-
tendance oI the witnesses and Production oI documents) Act, 1972 every In-
quiring authority authorised under section 4 shaII have the same powers as are
vested in a CiviI Court under the Code oI CiviI Procedure in respect oI sum-
moning and enIorcing the attendance oI any witness and examining him on
oath, requiring the production oI any document or materiaI which is producibIe
as evidence, etc. Thus he has the power to enIorce attendance and it is his duty
to take aII necessary steps to secure the attendance oI both sides. WhiIe the
accused pubIic servant shouId be given the IuIIest IaciIities by the Inquiring
Authority to deIend himseII and with that end in view, the witnesses which he
proposes to examine shouId ordinariIy be summoned by the Inquiring Author-
ity, it is not obIigatory Ior the Inquiring Authority to insist on the presence oI
aII the witnesses cited by the accused pubIic servant and to hoId up proceed-
ings untiI their attendance has been secured. The Inquiring Authority wouId
be within his right to ascertain in advance Irom the accused pubIic servant
B(90)
B(87)
E(39)
E(40)
E(41)
E(42)
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
208
what evidence a particuIar witness is IikeIy to give. II the Inquiring Authority
is oI the view that such evidence wouId be entireIy irreIevant to the charge
against the pubIic servant and IaiIure to secure the attendance oI the witnesses
wouId not prejudice deIence, he shouId reject the request Ior summoning such
a witness. In every case oI rejection, the Inquiring Authority shouId record his
reason in IuII Ior doing so. The inabiIity to secure attendance oI a witness wiII
not vitiate the proceedings on the ground that the Government servant was
denied the reasonabIe opportunity. The Supreme Court in the State oI Bom-
bay vs. NaruI LatiI Khan (AIR 1966 SC 269) have observed that iI the ac-
cused oIIicer desires to examine witnesses whose evidence appears to the In-
quiry OIIicer to be thoroughIy irreIevant, the Inquiry OIIicer may reIuse to
examine such witnesses but in doing so, he wiII have to record his speciaI and
suIIicient reasons.
7.2 There can be no objection in principIe in accepting the request oI the
pubIic servant under enquiry to summon the Presenting OIIicer or his Assist-
ing OIIicer as a deIence witness, iI in the opinion oI the Inquiring Authority,
their evidence wiII be reIevant to the enquiry.
7.3 The notices addressed to the witnesses wiII be signed by the Inquiry OI-
Iicer. Those addressed to witnesses who are Government servant wiII be sent
to the Head oI the Department/OIIice under whom the Government servant
who is to appear as witness is working Ior the time being with the request that
the Head oI the Department/oIIice wiII direct the Government servant to make
it convenient to attend the enquiry and to tender evidence on the date and time
Iixed by the Inquiry OIIicer. Non-compIiance with the request oI the Inquiry
OIIicer by the Government servant wouId be treated as conduct unbecoming oI
a Government servant and wouId make him IiabIe Ior discipIinary action.
7.4 The notices addressed to non-oIIiciaI witnesses wiII be sent by registered
post A.D. in cases emanating Irom the CBI, the notices addressed to non-oIIi-
ciaI witnesses may be sent to the Superintendent oI PoIice, SPE Branch con-
cerned Ior deIivery to the witnesses concerned. The Presenting OIIicer, on be-
haII oI the discipIinary authority, with the assistance oI the Investigating OI-
Iicer wiII take suitabIe steps to secure the presence oI the prosecution witnesses
on the date Iixed Ior their examination.
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
209
8. Production of documentary evidence on behalf of the disciplinary
authority
8.1 On the date Iixed Ior the inquiry, the Presenting OIIicer wiII be asked to
Iead the presentation oI the case on behaII oI the discipIinary authority. The
Presenting OIIicer wiII draw the attention oI the Inquiry OIIicer to Iacts admit-
ted by the Government servant in his written statement oI deIence, iI any, so
that it may not be necessary to Iead any evidence to prove such Iacts (vide para
26.2 oI Chapter X).
8.2 The documentary evidence by which the articIes oI charge are proposed
to be proved wiII then be produced by the oIIicer having custody oI documents
or by an oIIicer deputed by him Ior the purpose. The documents produced wiII
be numbered as Ex S.1, Ex. S.2 and so on. The Presenting OIIicer shouId not
produce the documents as in that event he pIaces himseII in the position oI a
witness and the accused oIIicer may insist and cross-examining him.
9. Examination of witnesses on behalf of the disciplinary authority
9.1 The witnesses mentioned in the Iist oI witnesses Iurnished to the Govern-
ment servant with the articIes oI the charge wiII then be examined, one by one
by or on behaII oI the Presenting OIIicer. The witnesses may be numbered as
SW 1, SW2 and so on. During the examination the Inquiry OIIicer may not
aIIow putting oI Ieading questions in a manner which wiII aIIow the very words
to be put into the mouth oI a witness which he can just echo back.
9.2 RuIe 14 (14) oI CCA RuIes provides that the witnesses may be examined
by or on behaII oI the Presenting OIIicer. Absence oI PO on any particuIar
hearing wouId not necessariIy impIy postponment oI hearing iI an authorised
person is present on behaII oI the Presenting OIIicer. The substituted oIIicer
need not be IormaIIy appointed as Presenting OIIicer.
9.3 In compIicated cases invoIving technicaI aspects, the Presenting OIIicers
drawn Irom CBI are not suIIicientIy equipped to eIIectiveIy cross-examine the
deIence witnesses. In such cases, it wouId be heIpIuI to the Inquiry OIIicer as
weII as to the parties iI the Iirst prosecution witness to be caIIed is an expert oI
B(67)
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
210
the Department concerned who may expIain the background and various tech-
nicaIities oI the matter. The Presenting OIIicers shouId aIso consuIt the de-
partmentaI experts and IamiIiarise themseIves with technicaI aspects oI the
matter beIore the inquiry commences as aIso beIore the cross-examination oI
the deIence witnesses. The Ministries/Departments shouId extend necessary
heIp and IaciIities to the Presenting OIIicers in consuIting the departmentaI
experts and obtaining their assistance on technicaI aspects oI the case. The
technicaI experts, however, shouId not assist the Presenting OIIicer during
actuaI cross-examination.
10. Cross-examination
10.1 In departmentaI proceedings the ruIes oI evidence Iaid down in the Evi-
dence Act are, strictIy speaking, not appIicabIe and the Inquiry OIIicer, the
Presenting OIIicer and the charged pubIic servant are not expected to act Iike
judges or Iawyers. The right oI the Government servant to cross-examine a
witness who has given evidence against him in a departmentaI proceeding is,
however, a saIeguard impIicit in the reasonabIe opportunity to be given to
him under ArticIe 311 (2).
10.2 The scope or mode oI cross-examination in reIation to the departmentaI
enquiries have not been cIearIy set out anywhere. But there is no other variety
oI cross-examination except that envisaged under the Evidence Act. It IoI-
Iows, thereIore, that the cross-examination in departmentaI enquiries shouId,
as Iar as possibIe, conIorm to the accepted principIes oI cross-examination
under the Evidence Act.
10.3 Cross-examination oI a witness is the most eIIicaciaous method oI dis-
covering the truth and exposing IaIse-hood. During the examination-in-chieI
the witness may say things IavourabIe to the party on whose behaII he tenders
evidence and may deIiberateIy conceaI Iacts which may constitute part oI the
opponent`s case. The art oI cross-examination Iies in interrogating witness in
a manner which wouId bring out the conceaIed truth.
10.4 UsuaIIy considerabIe Iatitude is aIIowed in cross-examination. It is not
Iimited to matters upon which the witness has aIready been examined-in-chieI,
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
211
but may extend to the whoIe case. The Inquiry OIIicer may not ordinariIy
interIere with the discretion oI the cross-examiner in putting questions to the
witness. However, a witness summoned mereIy to produce a document or a
witness whose examination has been stopped by the Inquiry OIIicer beIore any
materiaI question has been put is not IiabIe to cross-examination. It is aIso not
permissibIe to put a question on the assumption that a Iact was aIready proved.
A question about any matter which the witness had no opportunity to know or
on which he is not competent to speak may be disaIIowed. The Inquiry OIIicer
may aIso disaIIow question iI the cross-examination is oI inordinate Iength or
oppressive or iI a question is irreIevant. It is the duty oI the Inquiry OIIicer to
see that the witness understands the question properIy beIore giving an answer
and oI protecting him against any unIair treatment.
11. Re-examination of witness
AIter cross-examination oI witness by or on behaII oI the Government
servant, the Presenting OIIicer wiII be entitIed to re-examine the witness on
any points on which he has been cross-examined but not on any new matter
without the Ieave oI the Inquiring Authority. II the Presenting OIIicer has been
aIIowed to re-examine a witness on any new matter not aIready covered by the
earIier examiner/cross-examination, cross-examination on such new matter cov-
ered by the re-examination, may be aIIowed.
12. Examination of a witness by the Inquiry Officer
AIter the examination, cross-examination and re-examination oI a wit-
ness, the Inquiry OIIicer may put such questions to the witness as he may think
Iit. Such a witness may be cross-examined by or on behaII oI the Government
servant with the Ieave oI the Inquiry OIIicer on matters covered by the ques-
tions put by the Inquiry OIIicer.
13. Record of evidence
13.1 A typist wiII be deputed by the Inquiry OIIicer to type the depositions oI
the witnesses to the dictation oI the Inquiry OIIicer.
B(69)
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
212
13.2 The depositions oI each witness wiII be taken down on a separate sheet
oI paper at the head oI which wiII be entered the number oI the case, the
name oI the witness and suIIicient inIormation as to his age, percentage and
caIIing, etc., to identiIy him.
13.3 The depositions wiII generaIIy be recorded as narration but on certain
points it may be necessary to record the questions and answers in verbatim.
13.4 As evidence oI each witness is compIeted, the Inquiry OIIicer wiII read
the depositions, as typed, to the witness in the presence oI the Government
servant and/or IegaI practitioner or the Government servant assisting the de-
Iinquent oIIicer in his deIence. VerbaI mistakes in the typed depositions, iI
any, wiII be corrected in their presence. However, iI the witness denies the
correctness oI any part oI the record, the Inquiry OIIicer may, instead oI
correcting the evidence, record the objection oI the witness. The Inquiry
OIIicer wiII record and sign the IoIIowing certiIicate at the end oI the deposi-
tions oI each witness:-
'Read over the witness in the presence oI the charged oIIicer and ad-
mitted correct/objection oI witness recorded.
13.5 The witness wiII be asked to sign every page oI the depositions. The
charged oIIicer, when he examines himseII as the deIence witness, shouId
aIso be required to sign his depositions. II a witness reIuses to sign the depo-
sition, the Inquiry OIIicer wiII record this Iact and append his signature. The
documents exhibited and the depositions oI witness wiII be kept in separate
IoIders.
13.6 II a witness deposes in a Ianguage other than EngIish but the deposi-
tions are recorded in EngIish, a transIation in the Ianguage in which the wit-
ness deposed shouId be read to the witness by the Inquiry OIIicer. The In-
quiry OIIicer wiII aIso record a certiIicate that the depositions were trans-
Iated and expIained to the witness in the Ianguage in which the witness de-
posed.
13.7 Copies oI the depositions wiII be made avaiIabIe at the cIose oI the
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
213
inquiry each day to the Presenting OIIicer as weII as to the deIinquent oIIicer.
14. Appearance of officers of Audit/Accounts Departments before
the Inquiry Officer
It wiII not ordinariIy be necessary to require the appearance oI oIIiciaIs
oI the Audit/Accounts OIIice beIore the Inquiry OIIicer to prove the Iigures oI
saIaries/aIIowances oI a Government servant Iurnished over the signature oI a
responsibIe oIIicer oI the Audit/Accounts Department. No particuIar oIIicer oI
the Audit/Accounts OIIice wouId be in a position to prove the correctness oI
numerous entries in a register made by various persons over a Iength oI period.
Figure oI saIaries/aIIowances wiII generaIIy be reIevant in cases where the charge
reIates to disproportionate assets. In such cases the Investigating OIIicer wouId
have satisIied himseII about the correctness oI the Iigures coIIected by him
Irom Audit/Accounts OIIice and wouId have got the Iigure inspected by the
Government servant. Cases in which the Government servant may question
the correctness oI the Iigures Iurnished by the Audit/Accounts OIIicer wiII thus
be rare. In any case where the Government servant does so, he wiII aIso indi-
cate the Iigures which are not acceptabIe to him which wouId be got veriIied
again by the Presenting OIIicer Irom the Audit/Accounts OIIice. In any case
where the Iigures oI saIary and aIIowances are disputed, the dispute cannot be
settIed by mereIy requiring the presence oI the Accounts/Audit OIIicer. There-
Iore, normaIIy an authenticated statement oI pay and aIIowances Iurnished by
the Audit/Accounts OIIicer concerned shouId be produced beIore the Inquirying
Authority as suIIicient prooI oI the correct amount drawn as saIary and aIIow-
ances by the Government servant.
15. Admission of additional evidence on behalf of Disciplinary Author-
ity
15.1 BeIore the cIose oI the case on behaII oI the discipIinary authority, the
Inquiry OIIicer may, in his discretion, aIIow the presenting OIIicer to produce
new oraI or documentary evidence not incIuded in the Iists oI documents and
witnesses given to the Government servant with the articIes oI charge. In such
a case the Government servant wiII be entitIed to have, iI, he demands it, a
copy oI the Iist oI Iurther documents proposed to be produced and an adjourn-
B(47)
B(59)
B(46)
B(37)
B(10)
A(4)
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
214
ment oI the inquiry Ior three cIear days beIore the production oI such new
evidence excIusive oI the date oI adjournment and the date to which the en-
quiry is adjourned. The Inquiry OIIicer wiII aIso give the Government servant
an opportunity oI inspecting such documents beIore they are taken on the record.
15.2 The Inquiry OIIicer may aIso, at his discretion, permit the Presenting
OIIicer, to recaII and re-examine any witness. In such a case the Government
servant wiII be entitIed to cross-examine such witness again on any point on
which that witness has been re-examined.
15.3 The production oI Iurther evidence and/or re-examination oI a witness
wiII not be permitted to IiII up any gap in the evidence but onIy when there is
an inherent Iacuna or deIect in the evidence which had been produced origi-
naIIy. The Presenting OIIicer shouId, thereIore, when he Iinds that there is any
Iacuna or deIect in the evidence and that Iresh evidence to remove the deIect or
Iacuna is avaiIabIe or that the position can be cIariIied by recaIIing a witness,
make an appIication to the Inquiry oIIicer to the eIIect.
16. Statement of defence
16.1 AIter the cIosure oI the case Ior the discipIinary Authority, the Inquirying
Authority wiII ask the Government servant to state his deIence oraIIy or in
writing, as he may preIer. II the deIence is made oraIIy, it wiII be recorded and
the Government servant wiII be required to sign the record. II he submits his
deIence in writing, every page oI it shouId be signed by him. In either case a
copy oI the statement oI deIence wiII be given to the Presenting OIIicer in the
absence oI the deIinquent oIIicer, his Assisting OIIicer can state the deIence
case, iI he hoIds an authorisation to this eIIect Irom the deIinquent oIIicer.
16.2 RuIe 14 (16) oI the C.C.A. RuIes, 1965 provides that 'when the case Ior
the discipIinary authority is cIosed, the Government servant shaII be required
to state his deIence ... In regard to the use oI the word, shaII` in Sub-
RuIe (16), a question arises whether the Inquiring Authority can waive the
provision oI this sub-ruIe and proceed with the case even though the deIin-
quent oIIicer has not submitted his deIence. A reasonabIe interpretation oI this
sub-ruIe is that the deIinquent Government servant shaII be IormaIIy caIIed
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
215
upon to state his deIence, but it is up to him to make or not to make a statement
and the Inquiring Authority obviousIy cannot compeI him to state his deIence,
iI he does not wish to do so.
17. Production of evidence on behalf of the Government servant
17.1 The deIence witnesses summoned by the Inquiry OIIicer wiII then be
produced on his behaII one by one. The documents produced by the deIence
wiII be numbered Ex. D.1, Ex. D.2 and so on and the witnesses who give oraI
evidence wiII be numbered as D.W. 1, D.W. 2 and so on.
17.2 Each witness wiII be examined by the Government servant or on his
behaII by the IegaI practitioner or by the Government servant assisting him in
his deIence, as the case may be. The witness may be cross-examined by the
Presenting OIIicer and may then be re-examined by or on behaII oI the Gov-
ernment servant on any points on which the witness has been cross examined,
but not on any new matter without the Ieave oI the Inquiry OIIicer. II the
Presenting OIIicer is unabIe to attend the hearing Ior any reason, another oI-
Iicer may be deputed Ior the purpose oI cross-examination. Intimation about
such oIIicer shouId be sent to the Inquiry OIIicer in advance, AIter the exami-
nation and cross-examination and re-examination oI a witness, the Inquiry
OIIicer may aIso put such questions to him as he may think Iit. In that event
the witness may be re-examined by the Government servant or the asserting
Government servant and cross-examined by or on behaII oI the Presenting
OIIicer with the Ieave oI the Inquiry oIIicer on matters covered by the ques-
tions put by the Inquiry OIIicer.
17.3 The Government servant may oIIer himseII as his own witness. In that
case he may aIIow himseII to be examined by his IegaI counseI or the Govern-
ment servant assisting him in his deIence, as the case may be, or he may make
a statement as a witness. In such a case the Government servant wiII be IiabIe
to cross-examination by or on behaII oI the Presenting OIIicer and examina-
tion by the Inquiring Authority in the same way as other witnesses. II the
Government servant does not oIIer himseII as his own witness, this Iact may
not be reIied upon by the Presenting OIIicer to deduce thereIrom the guiIt oI
the accused in any way.
C(26)
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
216
17.4 The deIence witnesses wiII be examined, cross-examined and re-exam-
ined in the same manner as the witnesses produced on behaII oI the discipIi-
nary authority and a record oI their depositions wiII be made and signed and
made avaiIabIe to the parties concerned in the same way as described in para-
graphs 9 to 13 above.
17.5 II in any particuIar hearing, the accused oIIicer is unabIe to come Ior any
reason, his Assisting OIIicer can proceed with the case iI he has authorisation
to this eIIect Irom the accused oIIicer. SimiIarIy, the Assisting OIIicer can
submit the deIence oI the deIinquent oIIicer contempIated in RuIe 14 (16) oI
the CCS (CCA) RuIes, 1965, iI he hoIds authorisation to this eIIect Irom the
deIinquent oIIicer.
17.6 II the deIinquent oIIicer wants to examine the Presenting OIIicer as a
deIence witness, there can be no objection in principIe in accepting the request
oI the deIinquent oIIicer. Such a witness cannot, oI course, Iunction simuIta-
neousIy as a Presenting OIIicer whiIe deposing as a deIence witness. But there
can be no objection to his arguing the case at a Iater stage on behaII oI the
discipIinary authority. When the Presenting OIIicer is appearing as a deIence
witness, another oIIicer can be appointed under RuIe 14 (14) oI the CCS (CCA)
RuIes, 1965 to cross-examine him as a deIence witness.
18. Production of fresh witness on behalf of the Government servant
BeIore the cIose oI the case on his behaII, the Government servant may
request Ior permission to produce a witness who was not incIuded in the Iist oI
witnesses Iurnished by him vide para 3.1 (ii) above Ior tendering Iurther oraI
evidence or producing any Iurther documents and the Inquiry OIIicer may
permit the production oI such new witness iI, in the opinion oI the Inquiry
OIIicer, it is necessary in the interest oI justice. As stated in para 15 in reIation
to the production oI Iresh evidence on behaII oI the discipIinary authority,
such new witness on behaII oI the Government servant wiII be permitted onIy
iI there is an inherent Iacuna or deIect in the evidence which had been pro-
A(4)
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
217
duced originaIIy and not to IiII any gap in the evidence.
19. Examination of the Government servant by the Inquiry Officer
after his case is closed
It has aIready been indicated in para 17.3 that the Government servant
can, iI he so chooses, oIIer himseII as a witness. II he is examined as a witness,
it is Ior the Inquiry OIIicer to decide whether he shouId question him generaIIy
Ior the purpose oI enabIing him to expIain any circumstances appearing in the
evidence against him. But iI the Government servant does not oIIer himseII as
a witness, the Inquiry OIIicer must question him generaIIy Ior the purpose
stated above. It may be noted that the Presenting OIIicer wouId not be entitIed
to examine the oIIiciaI at this stage.
20. Final hearing
AIter the compIetion oI the production oI evidence on both sides, the
Inquiry OIIicer may hear the Presenting OIIicer and the Government servant
or permit them to IiIe written brieIs oI their respective case, iI they so desire. It
wiII be observed Irom the phraseoIogy oI RuIe 14(19) oI the CCA RuIes,
1965 that the Inquiring Authority has to hear arguments that may be advanced
by the parties aIter their evidence has been cIosed. But, he can, on his own or
on the desire oI the parties, take written brieIs. In case he exercises the discre-
tion oI taking written brieIs, it wiII be but Iair that he shouId Iirst take the brieI
Irom the Presenting OIIicer, suppIy a copy oI the same to the Government
servant and then take the brieI in repIy Irom the Government servant. In case
the copy oI the brieI oI the Presenting OIIicer is not given to the Government
servant, it wiII be tantamount to hear arguments oI the Presenting OIIicer at the
back oI the Government servant. |Judgement oI the CaIcutta High Court in the
CoIIector oI Customs Vs. Mohgd. HabibuI SLR 1973 (i) CaIcutta 321|. It is
Iaid down therein that the requirement oI RuIe 14(19) oI the CCA RuIes, 1965
and the principIes oI naturaI justice demand that the deIinquent oIIicer shouId
be served with a copy oI the written brieI IiIed by the Presenting OIIicer beIore
he is caIIed upon to IiIe his written brieI.
A(4)
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
218
21. Requests and representations etc. during the enquiry
21.1 Sometimes aIIegations are made that a request or representation was made
but the Inquiring Authority did not consider the same. In order to avoid such
compIaints the Inquiring Authority shouId record a note in the DaiIy Order
Sheet on the very day stating the gist oI the request oI representation made and
the orders passeed thereon. Such notes shouId Iorm part oI the record oI the
inquiry.
21.2 II the Government servant aIIeges bias against the inquiring authority,
the inquiring authority shouId keep the proceedings in abeyance and reIer the
matter to the discipIinary authority. He shouId resume the inquiry onIy aIter
he is advised by the discipIinary authority to go ahead with the inquiry. In
case the Government servant moves the appIication to the appeIIate authority
against the appointment oI a particuIar inquiring authority, the proceedings
shouId be stopped and the appIication, aIong with other reIevant materiaI, be
reIerred to the appropriate appeIIate authority Ior consideration and appropri-
ate orders.
22. Daily Order Sheet
The Inquiry Authority shouId maintain DaiIy Order Sheet Ior each case
in which the business transacted on each day oI hearing shouId be recorded in
brieI. Requests and representations made by either party shouId aIso be deaIt
with and disposed oI in the sheet. Copies oI the recorded order-sheets wiII be
given to the P.O. and the Government servant with their signatures thereon, iI
they are present. II they are not present, these wiII be sent by post.
23. General principles
23.1 The provision oI the Indian Evidence Act and the CriminaI Procedure
Code are not appIicabIe to the departmentaI enquiries. The spirit oI these
enactments shouId, however, be IoIIowed in departmentaI enquiries. The In-
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
219
quiry OIIicer shouId aIIord reasonabIe opportunity to both sides to present their
respective cases incIuding IuII opportunity Ior cross-examining witnesses.
23.2 In GabriaI vs. State oI Madras, the Madras High Court set out the re-
quirements oI an enquiry in the IoIIowing terms:-
'AII enquiries, judiciaI, departmentaI or other, into the conduct oI indi-
viduaIs must conIorm to certain standards. One is that the person pro-
ceeded against must be given a Iair and reasonabIe opportunity to de-
Iend himseII. Another is that the person charged with the duty oI hoId-
ing the enquiry must discharge that duty without bias and certainIy with-
out vindictiveness. He must conduct himseII objectiveIy and dispas-
sionateIy not mereIy during the proceduraI stages oI enquiry, but aIso in
deaIing with the evidence and the materiaI on record when drawing up
the IinaI order. A Iurther requirement is that the concIusion must be
rested on the evidence and not on matters outside the record. And,
when it is said that the concIusion must be vested on the evidence, it
goes without saying that it must be based on a misreading oI the evi-
dence. These requirements are basic and cannot be whittIed down, what-
ever be the nature oI the inquiry, whether it be judiciaI, departmentaI or
other.
23.3 In the State oI Uttar Pradesh vs. Mahmood, it was heId that iI an Inquiry
OIIicer puts on record his own testimony as against that oI any other witness,
such an Inquiry OIIicer becomes disquaIiIied to hoId the Iurther proceedings.
The Inquiry OIIicer cannot reIy on his own evidence. An Inquiry OIIicer can-
not both be a judge and a witness. That wiII be contrary to the principIes oI
naturaI justice.
23.4 Disproportionate assets case - In discipIinary proceedings a presumption
oI corruption IairIy and reasonabIy arises against an oIIicer who cannot ac-
count Ior his weaIth disproportionate to his known sources oI income and ac-
cordingIy, the Inquiry OIIicer can hoId that such assets were amassed by the
Government servant in a corrupt way.
23.5 AIIidavits in departmentaI enquiries - Evidence in the Iorm oI aIIidavits,
cannot be ruIed out in departmentaI proceedings. At the same time, it cannot
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
220
be taken as concIusive. The person swearing to the aIIidavit may be caIIed Ior
cross-examination and the vaIue to the attached to an aIIidavit shouId be de-
cided in each case on merits on the basis oI the totaIity oI evidence incIuding
the resuIts oI the cross-examination etc.
23.6 Amendment to the charge-sheet - During the course oI enquiry, iI it ap-
pears necessary to amend the charge-sheet, it is permissibIe to do so provided
that a Iresh opportunity be given to the accused pubIic servant in respect oI
amended charge-sheet. The Inquiry OIIicer may hoId the enquiry again Irom
the stage considered necessary so that the accused pubIic servant shouId have
a reasonabIe opportunity to submit his deIence or produce his witnesses in
respect oI amended charge-sheet. II, however, there is a major change in the
charge-sheet, it wouId be desirabIe to draw Iresh proceedings on the basis oI
the amended charge-sheet.
23.7 The emphasis in DepartmentaI Enquiries is heaviIy on Iacts. Whatever
the Inquiry OIIicer does shouId be 'IawIuI , but it shouId not be 'IegaIistic.
The IegaI principIes with which Inquiring Authorities are primariIy concerned
are onIy the principIes oI naturaI justice.
23.8 The Iaws or procedures are aIso reIaxed in so Iar as DepartmentaI In-
quiries are concerned. The provisions oI the Indian Evidence Act and Crimi-
naI Procedure Code except in so Iar as they reIate to the generaI principIes oI
naturaI justice are not appIicabIe to the DepartmentaI Enquiries (State oI Orissa
vs. MurIidhar Jana AIR 1963 S.C. 404)
23.9 The standard oI prooI required in a departmentaI oraI inquiry diIIers
materiaIIy Irom the standard oI prooI required in a criminaI triaI. The Su-
preme Court has given cIear ruIings to the eIIect that a discipIinary proceed-
ings is not a criminaI triaI and that the standard oI prooI required in a discipIi-
nary enquiry is that oI preponderance oI probabiIity and not prooI beyond a
reasonabIe doubt (Union oI India vs. Sardar Bahadur - SLR 1972-p. 355
State oI A.P. vs. Sree Rama Rao-SLR 194-p. 25 and Nand Kishore Prasad Vs.
State oI Bihar and others - SLR- 1978-p.46)
24. Ex-parte proceedings
A(4)
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
221
24.1 II the Government servant to whom a copy oI the articIes oI charge has
been deIivered, does not submit the written statement oI deIence on or beIore
the date speciIied Ior the purpose or does not appear in person beIore the
Inquiry OIIicer or otherwise IaiIs or reIuses to compIy with the provisions oI
the C.C.A. RuIes, the Inquiry OIIicer may hoId the inquiry ex parte. II the
Government servant does not take advantage oI the opportunity given to him
to expIain any Iacts or circumstances which appear against him he has onIy to
bIame himseII and the Inquiry OIIicer has no choice but to proceed ex parte.
But iI a Government servant under suspension pIeads his inabiIity to attend the
inquiry on account oI IinanciaI stringency caused by the non-payment oI sub-
sistence aIIowance to him, the proceedings conducted against him ex-parte
wouId be vioIative oI the provisions oI ArticIe 311 (2) oI the Constitution as
the person concerned did not receive a reasonabIe opportunity oI deIending
himseII in the discipIinary proceedings. (Supreme Court`s observation in the
case oI Ghan Shyam Das Srivastava vs. State oI Madhya Pradesh - AIR 1973
SC 1183). ThereIore, in cases where recourse to ex-parte proceeding becomes
necessary, it shouId be checked up and conIirmed that the Government serv-
ant`s inabiIity to attend the inquiry is not because oI non-payment oI subsist-
ence aIIowance.
24.2 In an ex-parte proceeding the IuII enquiry has to be heId i.e., the Present-
ing OIIicer wiII produce documentary evidence and witnesses in the manner
outIined in paragraphs 8 to 15 above. Notice oI each hearing shouId be sent to
the Government servant aIso.
24.3 However, iI it is not possibIe to trace the Government servant and serve
the charges on him, the discipIinary authority may take recourse to RuIe 19
(ii) and IinaIise the proceeding aIter dispensing with the inquiry on the ground
that it is not reasonabIy practicabIe to hoId one.
25. Part-heard inquiries
25.1 II an Inquiry OIIicer aIter having heard and recorded the whoIe or any
part oI the evidence in an enquiry ceases to Iunction as Inquiry OIIicer Ior any
reason, and a new oIIicer is appointed as Inquiry oIIicer Ior conducting the
B(129)
AA(4)
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
222
inquiry, the new Inquiry OIIicer in his discretion may proceed with the enquiry
de novo, or Irom the stage IeIt by the predecessor and act on the evidence
aIready recorded by his predecessor or the evidence partIy recorded by his
predecessor and partIy recorded by him, depending upon the stage at which the
previous Inquiry OIIicer ceased to Iunction.
25.2 However, iI the new Inquiry OIIicer is oI the opinion that a Iurther or a
Iresh examination oI any oI the witnesses whose evidence has aIready been
recorded is necessary in the interest oI justice, he may recaII the witness or
witnesses Ior examination, cross-examination and re-examination in the man-
ner described in paragraphs 9-12.
25.3 A standard Iorm Ior the appointment oI new Inquiring Authority is given
in Appendix E(34).
26. Report of the Inquiry Officer
26.1 An oraI inquiry is heId to ascertain the truth or otherwise oI the aIIega-
tions and is intended to serve the basis on which the discipIinary authority has
to take a decision as to whether or not the imposition oI any penaIty on the
Government servant is caIIed Ior.
26.2 The Iindings oI the Inquiry OIIicer must be based on evidence adduced
during the enquiry. WhiIe the assessment oI documentary evidence shouId not
present much diIIicuIty, to evaIuate oraI testimony, the evidence has to be taken
and weighed together, incIuding not onIy what was said and who said it, but
aIso when and in what circumstances it was said, and aIso whether what was
said and done by aII concerned was consistent with the normaI probabiIities oI
human behaviour. The Inquiry OIIicer who actuaIIy records the oraI testi-
mony is in the best position to observe the demenour oI a witness and to Iorm
a judgement as to his credibiIity. Taking into consideration aII the circum-
stances and Iacts the Inquiry OIIicer as a rationaI and prudent man has to draw
inIerences and to record his reasoned concIusion as to whether the charges are
proved or not.
26.3 The Inquiring Authority shouId take particuIar care whiIe giving its Iind-
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
223
ings on the charges to see that no part oI the evidence which the accused Gov-
ernment servant was not given an opportunity to reIute, examine or rebut has
been reIied on against him. No materiaI Irom personaI knowIedge oI the In-
quiring Authority having a bearing on the Iacts oI the case which has not ap-
peared either in the articIes oI charge or the statement oI aIIegations or in the
evidence adduced at the inquiry and against which the accused Government
servant has had no opportunity to deIend himseII shouId be imported into the
case.
26. The report oI the Inquiry OIIicer shouId contain:-
i) an introductory paragraph in which reIerence wiII be made about the
appointment oI the Inquiry OIIicer and the dates on which and the
pIaces where the inquiry was heId;
ii) charges that were Iramed;
iii) charges which were admitted or dropped or not pressed, iI any;
iv) charges that were actuaIIy enquired into;
v) brieI statement oI Iacts and documents which have been admitted;
vi) brieI statement oI the case oI the discipIinary authority in respect oI
the charges enquired into;
vii) brieI statement oI the deIence;
viii) points Ior determination;
ix) assessment oI the evidence in respect oI each point set out Ior determi-
nation and Iinding thereon;
x) Iinding on each articIe oI charge;
xi) a IoIder containing :-
a) Iist oI exhibits produced in prooI oI the articIes oI charge;
b) Iist oI exhibits produced by the deIinquent oIIicer in his
deIence;
c) Iist oI witnesses examined in prooI oI the charges;
d) Iist oI deIence witnesses;
xii) a IoIder containing depositions oI witnesses arranged in the or-
der in which they were examined;
xiii) a IoIder containing daiIy order sheet;
VIGILANCE MANUAL Chap. XI
_________________________________________________________________
224
xiv) a IoIder containing written statement oI deIence, iI any, written
brieIs IiIed by both sides, appIication, iI any, made in the course
oI the inquiry with orders thereon and orders passed on any re-
quest or representation made oraIIy.
26.5 II in the opinion oI the Inquiry OIIicer the proceedings oI the inquiry es-
tabIish an articIe oI charge diIIerent Irom originaI articIes oI charge, he may
record his Iindings on such articIe oI charge. The Iindings on such articIe oI
charge wiII not, however, be recorded unIess the Government servant has either
admitted the Iacts on which such articIe oI charge is based or has had a reason-
abIe opportunity during the course oI the enquiry oI deIending himseII against
such articIe oI charge.
26.6 The Inquiry OIIicer wiII Iorward to the discipIinary authority his report
together with the record oI the enquiry incIuding the exhibits and spare copies
oI the report as IoIIows:-
i) as many copies as the number oI the accused;
ii) one copy Ior the SpeciaI PoIice EstabIishment in cases investi-
gated by them.
26.7 The Inquiry OIIicer aIter signing the report becomes Iunctus oIIicio and
cannot thereaIter make any modiIication in the report.
26.8 In aII cases in which the inquiry has been heId by a Commissioner Ior
DepartmentaI Inquiries, the report, together with the record oI the inquiry in-
cIuding the exhibits, wiII be Iorwarded by the Commissioner Ior DepartmentaI
Inquiries to the CentraI VigiIance Commission with spare copies oI the report
as IoIIows:-
i) as many copies as the number oI the accused pIus one copy oI the
discipIinary authority;
ii) one copy Ior the SPE in cases investigated by them.
The CentraI VigiIance Commission wiII Iorward the required number oI
copies oI the report and the accompanying papers to the discipIinary authority,
together with its advice, regarding the Iurther course oI action.
C(1)
C(4)
Chap. XI] DISCIPLINARY PROCEEDINGS II
____________________________________________________________________
225
26.9 In cases reIating to gazetted and other category A` oIIicers (PIease see
para 3.1.1 Chapter II) where an oIIicer other than a Commissioner Ior Depart-
mentaI Inquiries has been appointed as Inquiry OIIicer (vide para 23.3 oI Chapter
X), the report oI the Inquiry OIIicer together with the accompanying docu-
ments and other papers wiII be sent to the CentraI VigiIance Commission. The
Commission wiII advise the discipIinary authority about the Iurther course oI
action.
27. Stay of disciplinary proceedings under the order of the Court
The question oI stay or adjournment oI oraI inquiries in discipIinary
proceedings conducted by the Inquiring Authorities, when the deIinquent oI-
Iicer goes to a court oI Iaw has been considered in consuItation with the Minis-
try oI Law. The proceedings need not be adjourned or stayed in the IoIIowing
circumstances :-
a) On receipt oI notice under Section 80 oI CiviI Procedure Code;
b) On receipt oI intimation that the impugned oIIicer proposes to IiIe
a writ petition;
c) On receipt oI a mere show cause notice (or RoIe NISI) Irom a court
asking :-
i) why the petition shouId not be admitted; or
ii) why the proceedings pending beIore DiscipIinary Author-
ity/Inquiring Authority shouId not be stayed; or
iii) why a writ or an order shouId not be issued?
The proceedings shouId, however, be stayed onIy when a court oI com-
petent jurisdiction issues an injunction or cIear order staying the same.