Table of Contents(toc)
1. Fixing the date of regular hearing
Ex-01: After completing inspection and finalizing defence documents by 25th June, the IA issues summons on 26th June and fixes the regular hearing for 5th July, giving witnesses adequate time to prepare.
Ex-02: The IA fixes the regular hearing on 10th July, considering that Prosecution Witness No. 3 (from Visakhapatnam) requires 4 days to travel to the venue in Guntur.
Ex-03: The IA writes to the Controlling Officers of all witnesses, requesting their attendance on the fixed dates and warning that failure to appear will be reported to higher authorities.
2. Issue of summons
Ex-01: The IA issues Form No.19 summons to the custodians of official records, directing them to produce all relevant records as per the list of additional documents admitted by the IA.
Ex-02: The IA, being authorized under Section 5 of the AP Departmental Inquiries Act, issues summons to a private party who has relevant documents for the case.
Ex-03: The IA issues summons to Prosecution Witness No. 1 (a subordinate officer) and informs his Controlling Officer that his attendance is mandatory, as per the instructions in Memo No.3263/SC-E/95-1.
3. Fix dates for regular hearing sessions
Ex-01: The IA schedules the hearing from 10th to 14th July, coordinating with both parties to ensure availability. Witnesses are notified of their specific dates.
Ex-02: The IA fixes morning sessions for Prosecution witnesses and afternoon sessions for defence witnesses, ensuring efficient use of time.
Ex-03: The IA writes to the Anti-Corruption Bureau (for ACB-initiated cases) requesting the Investigating Officer's presence on the first date of regular hearing.
4. Regular Hearing Stage Activities
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.
