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.
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