1. Making arrangements for conducting the hearing
Ex-01: The Inquiry Authority ensures a spacious room with adequate seating, a table for himself, and separate seating arrangements for the Presenting Officer and Charged Officer at equal distance, avoiding any perception of favoritism.
Ex-02: The IA arranges for a stenographer to record proceedings and ensures that no unauthorized persons are present in the hearing room. He posts a notice outside: “Departmental Inquiry in progress - Unauthorized entry prohibited.”
Ex-03: The IA makes sure the room is well-lit, has a computer for preparing DOS, and has a notice board to display daily schedules. All participants are provided with nameplates for identification.
2. Setting the stage for smooth conduct of hearing
Ex-01: Before the parties arrive, the IA prepares the format for recording the plea. He reads the charge sheet thoroughly and makes notes of key facts to be covered during the preliminary hearing.
Ex-02: The IA ensures that the original documents listed in Annexure-III have been received from the Presenting Officer and are ready for inspection. He confirms that the Presenting Officer has arranged for document inspection.
Ex-03: The IA verifies that the Charged Officer has been informed about the right to take assistance of a Defence Assistant or retired Government servant, as per Note (2) under Rule 20(5)(c) of CCA Rules.
3. Asking the statutory questions
Ex-01: At the first hearing, the IA asks the Charged Officer: “Do you admit the genuineness of the documents listed in Annexure-III?” The CO replies: “I admit documents No.1 to 5, but dispute documents No.6 to 10.” The IA records this admission.
Ex-02: The IA questions: “Do you plead guilty to the charges framed against you?” The CO responds: “I plead not guilty to all charges.” The IA records the plea and obtains the CO's signature on the record.
Ex-03: The IA asks: “Have you received copies of all documents mentioned in Annexure-III?” The CO confirms receipt. The IA records: “Charged Officer confirms receipt of all listed documents.”
4. Finalisation of question of Defence Assistant
Ex-01: The Charged Officer states he wishes to engage Sri A (Senior Assistant) as his Defence Assistant. The IA confirms that Sri A does not have more than two pending disciplinary cases on hand as per Note (1) under Rule 20(5)(c).
Ex-02: The IA checks whether the proposed Defence Assistant is dealing with the same case in official capacity. Upon confirmation that he is not, the IA permits the nomination and informs the Controlling Officer.
Ex-03: The CO requests a Defence Assistant from another station. The IA records reasons in writing for allowing this request, considering that the CO's department has limited personnel at the local station.
5. Fixing dates for inspection of documents
Ex-01: The IA orders: “The Charged Officer may inspect the original documents listed in Annexure-III on 20th June between 10:00 AM and 1:00 PM in the office of the Presenting Officer.”
Ex-02: The Charged Officer requests inspection at his office. The IA permits inspection at the Presenting Officer’s office but directs the PO to ensure safe custody and presence during inspection.
Ex-03: The IA allows the DA to inspect documents on behalf of the CO and fixes two dates: 20th June for original inspection and 25th June for inspection of additional documents, if required.
6. Fixing dates for submission of list of additional documents
Ex-01: The IA directs: “Submit within five days a list of additional documents you require for defence, indicating their relevance.” The CO submits the list on the 5th day itself.
Ex-02: The CO requests certified copies of certain files. The IA fixes a date: “Submit your list of additional documents by 22nd June. The relevance of each document must be clearly indicated.”
Ex-03: The CO seeks time extension for submitting the list due to the bulk of documents. The IA grants a further extension of three days, recording reasons in the DOS.
7. Finalisation of documents and witnesses admissible for defence
Ex-01: The CO requests 15 documents and 5 witnesses. The IA examines each request for relevance and admits 12 documents and 4 witnesses, rejecting irrelevant requests with recorded reasons.
Ex-02: A CO requests a document that is privileged (advice of Vigilance Commission). The IA refuses requisition, recording: “This document is privileged under Rule 44 of CCA Rules and not relevant for defence.”
Ex-03: The IA admits a witness requested by the CO but notes: “Witness is from another department. Summons will be issued as per Section 5 of AP Departmental Inquiries Act, 1993.”
8. Taking action for procuring additional documents
Ex-01: The IA directs the Presenting Officer to arrange for production of defence documents from their custodians. However, he reminds the PO to transmit documents in sealed covers to avoid allegations of tampering.
Ex-02: The IA writes to the Head of the Department, requesting production of defence documents, and gives a 10-day deadline for compliance.
Ex-03: The IA notes that one of the documents requested by the CO is not available as it was destroyed under record retention policy. He communicates this to the CO and permits him to seek alternative evidence.
9. Settling the issue of disputed documents
Ex-01: The CO disputes the genuineness of Document No. 3 (an attendance register). The IA notes: “This document will be introduced through oral evidence of the custodian witness.”
Ex-02: The CO denies ever signing a particular document. The IA rules: “Document No. 7 will be marked as SE-7 after the handwriting expert (Prosecution Witness No. 4) is examined.”
Ex-03: The
CO admits certain documents but disputes others. The IA states: “Admitted
documents will be taken on record without formal proof. Disputed documents will
be proved through witnesses listed in Annexure-IV.”
