1.Disciplinary Proceedings- KCS&CCA Rules - Process before Preliminary Inquiry

This is part 1 of Disciplinary Proceedings, and in this video I try to explain how or what are the procedures to be done before conducting a preliminary inquiry in a case where an issue araises. Please watch this video fully, and if you have any doubts, be in touch with me, and I shall help

Can the Presenting officer have right to ask questions to the Delinquents in Disciplinary Proceedings?

Today I had a phone call from a person ( Name and Department Intentionally not disclosing) with a query and he wants to know whether the Presenting Officer have right to ask questions with the delinquents during Departmental Proceedings. It is an interesting question, and it needs some explanations to reach to answer and needs some explanation on the proceedings.

First of all, you should understand the process of this aspects

1. An enquiry comes after issuance of Charge memo and statement of allegations. Further, the question of enquiry comes only after considering the explanation of delinquents. Once its decided that an enquiry is to be conducted, the delinquents, and the witness will be summoned. It should be noted that the depositions of delinquents during preliminary enquiry and details of the witness should be communicated to the delinquents in advance providing them to study the witness and witness statements.

2. During the enquiry, the Presenting officer will read aloud the deposition of the witness in the presence of the witness, and delinquents. Thereafter, the delinquents can cross-examine the witness.

3. Once the cross examines process is over, delinquents will be asked to give written submission of the defence witness. If no defence witness, delinquent can ask himself to be examined as a defence witness, OR the delinquent will submit his defence statement. Based on defence statement, he can be summoned for cross-examination, OR based on the willingness to be present as the defence witness, he can be summoned to give the deposition. Whatever the case may be, Presenting officer can cross-examine delinquents at that stage, and if present as Self Witness, Enquiry officer can ask explanations, questions. Except in the case of Cross-examination, LEADING questions are not allowed.

4. In some cases, preliminary Enquiry will be conducted before issuance of Charge Memo. In this case, there is NO Delinquent since no charge memo issued to anyone.

How to Recover when SERVICE BOOK is lost

 Its a nice question from one from NCC, Calicut.. and I have replied the following, and wish to publish same here for referance
In my opinion, the solution is that get all the relevant documents from the personal file or other sources. Some main documents that really can help to prepare duplicate service book are as under:

Appointment letter (s)
Transfer/posting orders
Joining reports
Relieving reports
Pay fixation proformas,
Leave record
Pay Slips
Annual Increment Orders

Just find the person whose pay and allowances went parallel to the concerned person. The data from his service book is really so helpful. Just submit these possible documents to the Higher Authorities for proper sanction for the preparation of the Duplicate Service Book.  This is all that is to be done for the preparation of Duplicate Service Book.

What to Do When you receive a Charge Memo and Statement of Allegation?

Its quite natural to be honoured with a charge memo and statement of allegation while working.... But Common practice whats observed is always either induce political pressure or jump to the feet of the officer concerned who issued charge memo and to compromise it. But both are never advised according to law. Then what? Also observed that some may give an explanation stating that no such offenses as alleged were  inured which is also not at all advised.

Pentionary Benifits Can not be with held even though During the Pendancy of Departmental / Crimilal Proceedings

 May be this info usefull to many of Victims but I know I am attracting the gredge of Many Head of Departments. Im least bothered.  The question here is can the State Government  withhold a part of pension
and/or gratuity during the pendency of departmental/ criminal proceedings?

Most Officer will with hold, and as I know Many Victims there
But OUR HON: SUPREME COURT OF INDIA SAYS >>>>> NO, NEVER