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| Type | Commercial Circular |
|---|---|
| Topic | general |
| Currency | Currency not verified |
Name and designation of the witness should be mentioned in Annexure-IV and no witness should be cited by designation.
<!-- Slide number: 1 --> # While obtaining statements Should be obtained in the presence of CVI or an independent witness. Name, designation, date and signature of the CVI and independent witness should be obtained. When the statement is in the question and answer format, invariably the employee should be asked to write the answer and incase of illiterate the services of independent witness should be utilized duly endorsing as “the reply was recorded by me as told by …………….” Incase of illiterate staff, the contents of statements should be translated and necessary endorsement should also be available. While getting the reply it should be legible to read. Any contradictory reply should be clarified. Such statements should invariably cited as RUDs. For transparency, a copy of statement may be given to the employee concerned. Statement should be addressed to the correct addressee. In case any statement is obtained from public, it should be obtained in the presence of the CO as well as co-worker of the employee. The statement is recorded in regional languages, a translated copy should also be made available along with the charge memo. While obtaining statement, it should be ensured that Question Nos. and page Nos. are in serial. Statement should be obtained immediately on the day of the check or within very short period. While obtaining cash statements, EFT Nos. and cash transactions should be verified. A witness is drawn for a specific purpose, he should not be a witness for other employee’s statement. Documentary evidence should be collected from the controlling officer in support of the charges (Rule 18 (2) & (3) Case study: Maria Stephen Selvaraj, Shanmugam, Gopalraman (EFT), Sekaran (Handwriting) <!-- Slide number: 2 --> # Proceedings Date, venue and time should be mentioned in the proceedings. Name, signature of the participants should be mentioned. There should be time gap for commencement – closure of proceedings. After ensuring the correct time of arrival of the complainant (train/bus), any proceedings should be drawn. The contents of proceedings should be translated to the signatories (illiterate) and an endorsement to this effect should be made available. All the events should be covered. Avoid contradiction of facts/events in the proceedings (initial/final) as well as in the statements of witnesses. Facts and events mentioned in the proceedings/statements should not contradict with the statements of imputation. Proceedings should be drawn in the presence of the CO. Avoid over-writings/correction while drawing the proceedings. CO may be allowed to record his objection/remarks if any, in the proceedings. <!-- Slide number: 3 --> # <!-- Slide number: 4 --> # Charge Charge should be clear and specific and not vague. Violation of departmental rules, Instructions, Code/Manual should be mentioned. Avoid usage of adjectives (deliberately, habitually, intentionally, fraudulently etc.) Charge and imputation should not be identically worded. Article of charge should be concise, statement of imputation should contain all relevant facts. Charges should be serially numbered and not in a form of statement. All the relevant documents like statements, specific complaints should be cited. Name and designation of the witness should be mentioned in Annexure-IV and no witness should be cited by designation. On completion of investigation, Report should be sent to the DA within a reasonable period to avoid delay in issue of charge memo. Violation of Conduct Rules 3.1. (i), (ii) & (iii) should be carefully chosen according to the misconduct. Violation of any Rules should be carefully chosen (Rule 26 RS(C)1966). Rule 137 of Railway Act 1989. Avoid citing of many witnesses. For any forged/bogus documents, opinion from GEQD should be obtained and reference made to GEQD should also be cited as RUD.
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