1. Saves extra labour of recording arguments
Ex-01: In a case involving 15 witnesses and 20 documents, the Presenting Officer's written brief of 20 pages summarizes all evidence, saving the IA from taking notes during verbal arguments.
Ex-02: The Charged Officer’s brief covers 30 pages of arguments. If argued orally, the IA would need to take detailed notes and reduce them to writing, taking several days.
Ex-03: A complex case involving forgery charges has the PO's brief neatly organized charge-wise, making it easy for the IA to assess evidence without relying on memory of oral arguments.
2. Written brief is less difficult than oral argument
Ex-01: A Junior Assistant as Presenting Officer may be a good writer but nervous in public speaking. Written brief allows him to present the case effectively without the stress of oral argument.
Ex-02: The Charged Officer, a senior officer with over 30 years of service, is articulate in writing but finds it difficult to present complex legal arguments orally. Written brief helps him express his defence fully.
Ex-03: The Presenting Officer in a technical case can carefully phrase technical points in writing, ensuring precision, whereas oral argument might miss important technical nuances.
3. Officials are more familiar with written submissions
Ex-01: A Superintendent (Presenting Officer) prepares official proposals and notes regularly. He applies the same skill in drafting the written brief, ensuring all points are properly covered.
Ex-02: The Charged Officer, a Section Officer, is used to drafting responses to Government orders. The written brief format is familiar and comfortable for him.
Ex-03: The Presenting Officer, who handles administrative files daily, structures the brief in the same format as departmental submissions, following the Charge-Fact-Evidence co-relation.
4. Written briefs can be rechecked to avoid omissions
Ex-01: Before submitting the written brief, the Presenting Officer shares it with the Disciplinary Authority for review, who notices that a key document was omitted. The PO includes it before final submission.
Ex-02: The Charged Officer revises his written brief after a colleague points out that his defence witnesses' statements are not properly linked to the charge.
Ex-03: The Presenting Officer’s assistant finds a missing reference to a crucial Supreme Court judgment. The PO incorporates it in the final draft.
5. Written briefs can be vetted by appropriate authorities
Ex-01: The Presenting Officer, a Section Officer, gets the written brief vetted by the Head of Department to ensure it correctly represents the Disciplinary Authority’s case.
Ex-02: The Charged Officer gets his written brief vetted by the Defence Assistant, who points out sections that need strengthening with additional citations.
Ex-03: The Presenting Officer in a complex case
involving interpretation of Conduct Rules gets the brief checked by the Legal
Department to ensure legal arguments are sound.
