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| Type | Commercial Circular |
|---|---|
| Topic | ticket-checking |
| Currency | Currency not verified |
* Inspection and perusal of documents allowed by the Inquiry officer if any as additional documents either to be arranged by the Presenting officer or Inquiry officer
# SOUTHERN RAILWAY SEMINAR ON D&AR ENQUIRIES AND ROLE OF PRESENTING OFFICERS BY G. DHANASEKARAN Dy.CHIEF ELECTRICAL ENGINEER/EMU/HQ/MAS INTRODUCTION TO DAR ENQUIRIES The need for further conduct of an inquiry under D&A Rules arises only when an employee served with a major penalty charge sheet (in Standard Form No.5) had been supplied with a copy of all cited RUDs to enable him to understand clearly the charges, had submitted a defence statement (after perusal of original RUDs if needed) and the Disciplinary Authority (DA) had not convinced with the defence and wanted to conduct an inquiry before he punish him under major penalty. The DA can order an inquiry even in the case if the CO had not submitted his defence statement within the stipulated time by the DA. Therefore, it is clear that when a DA orders an inquiry only when he decides to go ahead with major penalty proceedings. Because to impose a minor penalty no enquiry is normally warranted. In case the DA had not agreed with the defence of the CO, it is essential to record his views as to why he does not agree with him, through a speaking order (But seldom the DAs do so). If it is done his speaking order will help the Presenting Officers/Inquiring Authorities to greater extent to arrive at most reasonable arguments and findings. The DA decides who should be a neutral and independent Inquiring Authority in accordance with the guidelines issued from time to time, but is kept in mind that inquiring Officer is always above the rank of the Charged Employee. The DA if it feels necessary may nominate a Presenting Officer to present the case before the Inquiry officer on his behalf. PRELIMINARY HEARING On receipt of the nomination order and relevant case file, the Inquiry officer orders a preliminary hearing. The preliminary hearing is not a legal proceedings, but it is ordered to get confirmed from Charged employee about receipt of charge sheet, copies of RUDs and compliance of perusal if demanded before the DA. During preliminary hearing, the Presenting officer and Charged employee will decide their requirement of additional witnesses/documents and defence witnesses/documents, if any. During preliminary hearing, the charged employee will be asked by the Inquiry officer a few mandatory questions. REGULAR HEARING Regular hearing is a quasi-judicial proceeding. Prosecution witnesses are examined by the Presenting officer/Inquiry officer first and cross-examined by the Charged employee. Subsequently, the Defence witnesses, if any, are examined by the Charged employee and cross-examined by the Presenting officer. Inquiring authority may put his questions at the last. If the charged employee declines to be examined as a witness in his own case, he will be advised to submit his written defence statement of brief on receipt of Presenting Officer’s Brief. The regular enquiry will conclude after further necessary examination of the Charged employee by the Inquiry officer. BROAD STAGES IN DEPARTMENTAL INQUIRY PROCEEDINGS 1. Nomination of Inquiry officer and Presenting officer. 2. Preliminary hearing. 3. Collection of additional documents by Presenting officer if any and perusal by Charged employee 4. Submission of list of defence witnesses/defence documents by Charged employee, if not done earlier. 5. Approval and communication of the orders of Inquiry officer on (c) and (d) above. 6. Conduct of Regular hearings: 1. Examination of prosecution witnesses in the order marshaled by the Presenting officer and cross-examination by the Charged employee 2. Mandatory examination of Charged employee 3. Examination of Defence witness by Charged employee if any and cross examination by Presenting officer 4. Submission of Presenting officer/Charged employees’ written arguments (briefs) 5. Finalisation of Inquiry report by Inquiry report and submission of the same to DA along with RUDs. GENERAL PRINCIPLES * Departmental Inquiry is not an empty formality. * It is a qua
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