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Having covered a good portion and clarifying the responsibilities of the PO under individual circumstance through FAQs as above, it will now be very simple to discuss the functions of the PO in the regular inquiry. The detailed procedure for the conduct of the regular inquiry is covered under regulation No. 6(13) to 6 (19). The regular inquiry covers the following stages. Management case
Defence Case
With the filing of the brief by the PO his role as PO ends in the disciplinary case. There is a provision in the DA Regulation to meet special contingencies. These should be properly understood. This is intended to substitute the allegations of the charge sheet and prove the substituted allegations. The substitution can be effected not only in respect of the imputations of misconduct, but also in the articles of charge. These are discretionary powers of the Inquiry Authority. but the PO must be aware of the same. These two provisions are covered by Regulation 6(14) and Regulation No.6 (21) under the 'Explanation" and the Proviso to the explanation appearing after sub regulation (d) of regulation 6(21). It is possible in many instances that the misconduct committed by the charged officer has not been reflected properly in the investigation report and consequently in the Charge sheet. The delinquent officer has committed a specific misconduct, but has been alleged to have committed a different misconduct in the charge sheet. It will be, therefore, possible for the delinquent officer to defend himself successfully against the misconduct alleged, but not committed by him and escape from the misconduct actually committed by him but not mentioned in the charge sheet. The hatchet once buried cannot be dug out again. The officer cannot again be charge sheeted for the same transactions. To avert this situation from developing the Inquiry Officer can rectify the situation in terms of his discretionary powers under the above two sub-regulations. These two sub-regulations are quoted as under "Before the close of the case, in support of the charges, the inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the charge-sheet or may itself call for new evidences or recall or re-examine any witness. In such case the officer employee shall be given opportunity to inspect the documentary evidence before it is taken on record, or to re-examine a witness, who has been so summoned. The inquiring authority may also allow the officer employee to produce new evidence, if it is of the opinion that the production of such evidence is necessary in the interest of justice" Regulation 6(21)(i)(d) are quoted as under: "Explanation: Provided that the findings of such article of charge shall not be recorded unless the officer employee has either admitted the facts on which such articles of charge is based or has had a reasonable opportunity of defending himself against such article of charge" |
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