1. Monitoring the conduct of examination of witnesses
Ex-01: During examination-in-chief, the Presenting Officer asks a leading question: “You saw the Charged Officer accepting the bribe, didn't you?” The IA immediately intervenes: “Objection! Leading question. Please rephrase.”
Ex-02: During cross-examination, the Defence Assistant repeatedly asks irrelevant questions about the witness’s personal life. The IA intervenes: “Questions must be confined to the matter in issue. Please proceed to relevant matters.”
Ex-03: The IA observes that the Presenting Officer is not covering key facts while examining a witness. He discreetly asks the PO to ensure all relevant evidence is brought on record.
2. Recording the statements of witnesses
Ex-01: Prosecution Witness No. 2 gives a detailed narration of events. The IA records the statement in narrative form and gets it signed by the witness after reading it to him.
Ex-02: During cross-examination, the Defence Assistant's questions and the witness’s answers are recorded in question-answer format, numbered for easy reference (Q.1, Q.2, A.1, A.2).
Ex-03: A witness deposes in Telugu, but statements are recorded in English. The IA reads back the Telugu translation to the witness and records a certificate: “Statement read over and explained to the witness in Telugu and admitted by him.”
3. Recording the demeanour of witnesses
Ex-01: The IA notes in the DOS: “Prosecution Witness No. 3 appeared nervous, was hesitant in answering, avoided eye contact while confirming the signed statement given during preliminary enquiry.”
Ex-02: The IA records: “Defence Witness No. 1 was calm and composed, answered confidently, and had no hesitation while deposing against the Charged Officer.”
Ex-03: The IA notes: “Witness appeared to have memorized the answers, spoke mechanically, and was unable to answer cross-questions, suggesting tutoring.”
4. Deciding objections about questions during examination
Ex-01: The Presenting Officer objects: “The Defence Assistant is asking the witness about facts not in evidence.” The IA upholds the objection and disallows the question.
Ex-02: The CO objects: “The Presenting Officer is asking a leading question to his own witness.” The IA sustains the objection and directs rephrasing.
Ex-03: The Defence Assistant asks an indecent question. The IA rules: “Question is improper and prohibited under law. Disallowed.”
5. Deciding requests for introducing additional witnesses
Ex-01: The Presenting Officer requests permission to introduce an additional witness not listed in Annexure-IV, citing inherent lacuna in evidence. The IA grants permission under Rule 20(11)(a) of CCA Rules.
Ex-02: The CO seeks to introduce a new witness after prosecution’s case is closed. The IA permits, recording that this is necessary in the interest of justice.
Ex-03: The Presenting Officer attempts to introduce new evidence to fill a gap in the evidence. The IA disallows, applying the Note under Rule 20(11) of CCA Rules.
6. Deciding requests for adjournment
Ex-01: The CO requests adjournment on medical grounds and produces a medical certificate. The IA grants adjournment for 7 days, with directions to produce a fitness certificate before the next hearing.
Ex-02: The PO is absent due to an official meeting. The IA, without issuing formal adjournment, allows the Deputy PO to proceed as per Rule 8(15) of AIS Rules.
Ex-03: The CO repeatedly seeks adjournments without valid reason. The IA records: “This is the 4th request without any valid ground. Request denied. Proceedings to continue.”
7. Recording the demeanour of witnesses
Ex-01: The IA observes that a witness’s voice started shaking during cross-examination when asked about specific dates, indicating discomfort with the truth.
Ex-02: The IA notes in the record: “Witness was smiling when answering questions about serious allegations, which appears inappropriate for the occasion.”
Ex-03: The IA notes: “The witness maintained consistent eye contact with the Charged Officer throughout the deposition, suggesting intimidation.”
8. Asking the CO to state his defence
Ex-01: The Presenting Officer completes the prosecution case by 15th July. On 16th July, the IA addresses the CO: “The case of the Disciplinary Authority is closed. Please state your defence, either orally or in writing, as per Rule 20(12)(a).”
Ex-02: The CO chooses to give oral defence. The IA records it in the DOS and obtains the CO’s signature as required by Rule 20(12)(b).
Ex-03: The CO requests 5 days to submit written defence. The IA adjourns the case to a date not exceeding five days, as per Rule 20(12)(a).
9. Putting mandatory questions on conclusion of defence case
Ex-01: The CO completes his defence evidence and has not examined himself as a witness. The IA asks: “Do you wish to explain the circumstances appearing against you in the evidence, particularly the signatures on the documents that have been marked as PE-1 to PE-5?”
Ex-02: The IA questions the CO: “The evidence shows that you were present at the office on 15th May. Your defence says you were on leave. Please explain this contradiction.”
Ex-03: The IA asks: “The prosecution has produced evidence of your property acquisition. Your defence has not addressed the source of funds for these properties. Would you like to explain?”
10. Giving directions for submission of written briefs
Ex-01: The IA directs: “The Presenting Officer shall submit his written brief within 7 days. A copy shall be provided to the Charged Officer, who may submit his brief within 7 days thereafter.”
Ex-02: The IA fixes timeline: “PO’s brief by 25th July, CO’s brief by 5th August. No further extensions will be granted except in exceptional circumstances.”
Ex-03: The IA directs that both briefs must be in
triplicate, with one copy to the IA, one to the other party, and one for the
official record.
