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| Type | Commercial Circular |
|---|---|
| Topic | ticket-checking |
| Currency | Currency not verified |
Considers objections / submissions by PO during cross examination and replies to those by DH, to get consideration mentioned as given in examination -in-chief.
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Role of Inquiring Authority
Ascertain competency of Authority signed
Check whether CO’s acknowledgement available
Get all original R.U.Ds, if PO not available
If PO available ensure availability
Lacunae in charged Memo. – get it corrected
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# Role of Inquiring authority
Study and understand case
Should be above the status of C.O.
Should not have associated with Fact Finding Enquiry
Should not have any interest in the case
Should be free from bias
Should be familiar with rules on issues involved and DAR rules
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# Preliminary hearing
Give sufficient notice
Ask if any additional witnesses and document are needed & relevancy.
Ask to furnish names of serving or retired employees or trade union officials to work as DC (no fee to be charged by DC) with their consent letter.
Fix venue, time, date (at IA’s/CO’s HQ / place where alleged incident took place).
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Preliminary hearing
Preliminary Inquiry :
Have You received charge Memorandum No. ______ dated________________
issued by ___________?
Have you been issued with a copy of nomination order No._________________
dated __________ appointing Shri____________ as IO in this case?
Have you nominated your Defense Assistant?
Have you taken inspection/extract of the documents listed out under Annexure III?
Have you replied to the charge memorandum?
Have you understood the charges framed against you and if so, do you plead
guilty to the same or not?
Have you asked for any additional documents? (Decide relevancy – ask PO to
make available)
8. Do you wish to call any defense witnesses in your case? If so show their relevance
Do you have any doubt in the bona fides of the Inquiring Authority?
Do you both want to call all the witnesses cited in the charge sheet or agree to drop
some of them.
11. Do you wish to say anything more in this case.
Give identification Nos. to RUDs by marking it as PD/1, PD/2 and so on
Get the RUDs authenticated by getting it signed by IA, PO and CO
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# Regular hearing
Take all documents as exhibits
First record evidences of prosecution witnesses – preference to be decided by PO.
Conduct Inquiry in an unbiased judicious manner, giving fair opportunity for both sides - control proceedings with necessary sternness and clarity of mind, duly recording entire proceedings.
No leading questions are permitted during examination-in-chief.
Disallow any irreverent or unfair questions.
Consider objections and submissions made by defense during examination-in chief and replies of P.O. judiciously.
Allow Cross-examination but prevent abuse of this opportunity.
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Considers objections / submissions by PO during cross examination and replies to those by DH, to get consideration mentioned as given in examination -in-chief.
IA can ask clarificatory questions to bring truth.
Call defense witnesses after PO has presented all PWs
Permit dispensation of examination of a witness, on mutual consent of PO and CO.
Ask mandatory questions at the end.
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Mandatory questions
Evaluation and arriving at
Findings
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Role of Presenting Officer
RUDs are handed over to PO by IA
Arranges perusal of RUDs(hands over copies to the CO where not given). Also ensure comfortable & cordial atmosphere during perusal of documents by defense.
Assists IA in marking exhibits
Presents PWs in his order of preference
Can drop examination of PW with consent of IA and CO
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Conducts exam–in-chief & re-exam of PWs
Gets pre-recorded statements and other material evidences identified and authenticated by PWs & proceed from that stage in a methodical manner.
Object abusive, lengthy & irrelevant questions in cross-examination.
Dispensation of exam of any P.W., for adequate reasons, can be suggested to IA.
Suggestion: Avoid lengthy mul
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