Personal Website of R.Kannan
How to Conduct/Defend Departmental Inquiry
Profile of Defence Assisting Officer

Home Table of Contents Feedback




Refer articles
relating to


Profile of Defence Assisting Officer - Introduction - How the Role of DAO is different
from that the Charged Officer

Module: 7 - Profile of Defence Assisting Officer
Table of Contents
  1. Introduction - How the Role of DAO is different from that the Charged Officer

  2. Guidelines for the Defence Assisting Officer (Contd)

( CO undergoes a Problem & Needs Assistance and Help, while DAO is a
Service-Provider, & possess expertise to deal with the situation )

Both the CO and DAO engage themselves towards a single cause and act together to realise the same objective. In fact the DAO has chosen to lend his support and accept a common purpose with the CO. Their role should justifiably be co-extensive. They are therefore to play a combined role in a single assignment. This suggests that the formulation of one consolidated role-profile in respect of both CO and DAO to be ideal. But then why are these being discussed separately?

The above statement is partly true, which does convey implicitly that it is also partly wrong. It is true that they have common cause, in other words a common destination to reach. But otherwise there are subtle differences in their respective perspective and placement.

The charged officer is the affected officer. He faces the charge sheet. It is forced on him and he has no choice. He has therefore to meet the challenge. To supplement his skill resources in meeting the ordeal he has approached the defence assistant for his support and service.

For the defence-assisting officer, it is not a personal problem. But he possesses professional skill in addressing and meeting such problems faced by other officer colleagues. Associating with him will help the charged officer. The relations between the two are similar to that between an advocate and his client or that between a service-provider one who seeks the benefit of such service. While the advocate may charge a fee to the client, the service of DAO is out of goodwill and friendship and is normally honorary. DAO is in a position to look at issues more objectively, efficiently, moderately and calmly and provide the problem solution, which alone the CO may find it difficult to achieve.

For the charged officer it is a one-time experience. He does not want to entangle in further charge sheets or inquiries. But for the DAO, it is an exercise in development of his skill and expertise in defence assistance. It will be part of his mission to assist in future other officers similarly facing charge sheets. It is thus a combination of a person facing a problem aligning with a person possessing the skill to address and redress the problem.

While so, the charged officer is better possessed of the knowledge of the facts of the disciplinary case, while DAO can be deemed to be better equipped with knowledge to devise the strategy based on his familiarity with the procedural standards of departmental inquiry. He plans and finds how best to develop and present the defence of the charged officer, and where to rebut the evidence of the PO, and where to explain appropriately the case of the CO and disarm such seemingly adverse-evidence with minimum effort. He brings forth instances where system deficiencies have led to emergence of adverse operational results and pinpoints that the charged officer is not to be blamed blindly and arbitrarily. Where bonafide risk taking causes business losses, the DAO is quick to point out the appropriate policy guidelines of the bank in this respect to protect the charged officer. The DAO on account of skill and past experience and capacity for intensive analysis of the issues involved and extensive knowledge about inquiry procedures, is able to provide all these intricate arguments in defence pleading. DAO is an asset if selected judiciously in this perspective. He acts as a force-multiplier to the charged officer. Their roles are not exactly common, but they are supplementary and make a sum-total, with the benefit of synergy accruing on account of the combination. If one efficient and moderate DAO is developed, as one light will dispel darkness in a whole room, the single DAO will dispel security risks and service hazards for the entire community of officers at a place. A single doctor can keep an entire village disease-free, so do a single DAO can keep employee-morale high in a public office beset with an environment of corruption and nepotism. In fact the resource development in this web-site is evolved keeping the objective of turning every versatile officers into accomplished DAOs.

Difference between the Roles of the PO and DAO

PO pleads and argues the case of the management, while the DAO that of the charged officer. But there is a subtle difference in between the roles of the two. If the PO does not perform his job satisfactorily, he cannot escape since he is under the discipline and control of the management. But in respect of the DAO, the charged officer has no such authority or control. When appointed as PO, an officer is duty bound to accept the assignment. But on the part of DAO he should not agree and accept the assignment unless he is thoroughly convinced that the charged officer faces an ordeal and needs assistance to overcome the same and that he will be in a position to render him effective assistance.

Essentially PO is an employee entrusted with a statutory function (holding both administrative & statutory responsibility), while DAO can be considered as a professional bound by professional ethics & responsibility. DAO is also an employee, but the employer has permitted him to undertake the professional responsibility. As far as the job of defence assistance is concerned, DAO feels free of the control of the employer. It is similar to a situation, where the officer opting as DAO is on a deputation, and allowed to look to the interests of the CO in the departmental inquiry. When not performing responsibilities as DAO or once when the inquiry is over, he reverts as a normal employee.

Professional/Moral Responsibility of the DAO

Having accepted the task, the DAO must deem it a mission or goal and must adhere to the same steadfast, with total zeal and commitment. He must assist the CO to present the case before the inquiry officer/disciplinary authority, and later if need be at the Appeal and Review Stages. He must also provide legal assistance when needed for seeking judicial remedies. He must be in a position to help colleagues facing prosecution under PC Act. For rendering such assistance he must be able to effectively interact with advocates and render them the case-briefs and set out the remedies to be sought. All these should not be considered far-fetched. It is our officer-community which handles all the litigation matters, where the interest of the Bank warrants. They submit proposals for filing of suit, interact with lawyers and pursue the cases in court. Will it be then difficult to exercise similar skill for the personal interest of colleague officers of your stream?

All guidelines for the charged officer becomes also guidelines for the DAO. In fact the entire web-site is intended for the purpose giving impetus to officers thinking in terms of defensive strategies. An alert DAO can grasp the intricacies of the Prevention of Corruption Act, The Indian Evidence Act, the various guidelines provided by the Vigilance Commission about conducting departmental inquiries adhering to recognised standards and norms, as also the notifications/guidelines of the Government of India for the same purpose.

It is necessary that the person opting to become DAO must provide guidance at all stages and should possess the necessary skill and expertise, where an officer in a State-owned Bank faces different kind of ordeals from unscrupulous customers or capricious management. With this introduction a few salient standards or measures by way of supplementary instructions for the DAO are given in the next page.

A progressive management should appreciate the work of the DAO, when through his skill and ability he is able to establish the innocence of the charged officer and gets him exonerated of the charges. If the genuine purpose of the inquiry is to establish the truth, the DAO has provided efforts to realise this objective and his role should be considered as positive. This is a service not only for the benefit of the charged officer, but for the overall purposes of the Employer. But for his role the employer could have wrongly punished and thereby victimized an officer, who really is not guilty. In such a contingency the disciplinary authority should come forward to explicitly appreciate the role of the DAO, while commenting the role of the other participants. In a Criminal Trial it is common for the trial Judge to complement good work of the defence counsel, which results in proving that the accused is innocent and sets him free. All advocates are deemed as officers of the Court. These are healthy standards and it is for progressive employers to adopt them while conducting departmental inquiries.


- - - : ( Guidelines for the Defence Assisting Officer (Contd) ) : - - -

Previous                 Top                 Next

[..Page Last Updated on 19.08.2004..]<>[Chkd-Apvd-ef]