Guide lines for Presenting Officers of Departmental Inquiry in Railways

Babu Augustine
EO(HQ)-W.R.CCG
June,2019
July 2, 2019 1

Enquiry Under The Railway Servants Discipline and
Appeal Rules, 1968
The Railway Servants (Discipline & Appeal)
Rules, 1968 are framed in exercise of the powers
conferred by the proviso to Article 309 of the
Constitution of India and the proceedings under this
rule is a quasi- judicial proceeding .
July 2, 2019 2

Basic Principles of Natural Justice
1. Nemo judex in causa sua – No one should be made a judge in
his own case, or the rule against bias. It has 07 facets:
(i) The adjudicator shall be impartial and free from bias,
(ii) The adjudicator shall not be the prosecutor,
(iii) The complainant shall not be an adjudicator,
(iv) A witness cannot be the Adjudicator,
(v) The Adjudicator must not import his personal knowledge of the facts of
the case while inquiring into charges,
(vi) The Adjudicator shall not decide on the dictates of his Superiors or
others,
(vii) The Adjudicator shall decide the issue with reference to material on
record and not reference to extraneous material or on extraneous
considerations.
July 2, 2019 3

Basic Principles of Natural Justice (Contd..)
2. Audi alteram partem -
Hear the other party, or the rule of fair hearing, or the rule
that no one should be condemned unheard.
3. Justice should not only be done but should manifestly
appear to have been done.
Hon. Suprement court in State of Uttar Pradesh and others
vs. Saroj Kumar Sinha, 2010 (2) SCC 772, an inquiry officer
acting in a quasi-judicial authority is in the position of an
independent adjudicator.
4. The final Order should be a speaking order.
July 2, 2019 4

 Art. 309 : Subject to the provisions of this Constitution, Acts of the
appropriate Legislature may regulate the recruitment, and
conditions of service of persons appointed, to public services and
posts in connection with the affairs of the Union or of any State:
Provided that it shall be competent for the President or such person
as he may direct in the case of services and posts in connection
with the affairs of the Union, and for the Governor of a State or
such person as he may direct in the case of services and posts in
connection with the affairs of the State, to make rules regulating
the recruitment, and the conditions of service of persons
appointed, to such services and posts until provision in that behalf
is made by or under an Act of the appropriate Legislature under
this article, and any rules so made shall have effect subject to the
provisions of any such Act.
CONSTITUTIONAL PROVISIONS –Part XIV-
(SERVICES UNDER THE UNION AND THE STATES
Chapter –I)
July 2, 2019 5

Art.310(1): Except as expressly provided by this
Constitution, every person who is a member of a defence
service or of a civil service of the Union or of an all-India
service or holds any post connected with defence or any civil
post under the Union holds office during the pleasure of the
President, and every person who is a member of a civil service
of a State or holds any civil post under a State holds office
during the pleasure of the Governor 3 *** of the State.
Art. 311 (1): No person who is a member of a civil service
of the Union or an all-India service or a civil service of a State
or holds a civil post under the Union or a State shall be
dismissed or removed by an authority subordinate to that by
which he was appointed.
July 2, 2019 6

Art.311 (2): No such person as aforesaid shall be dismissed or
removed or reduced in rank except after an inquiry in which he
has been informed of the charges against him and given in
respect of those charges : a reasonable opportunity of being
heard
[Provided that where it is proposed after such inquiry, to
impose upon him any such penalty, such penalty may be
imposed on the basis of the evidence adduced during such
inquiry and it shall not be necessary to give such person any
opportunity of making representation on the penalty proposed:
Provided further that this clause shall not apply—]
(a) where a person is dismissed or removed or reduced in
rank on the ground of conduct which has led to his conviction
on a criminal charge; or Dismissal, removal or reduction in rank
of persons employed in civil capacities under the Union or a
State.July 2, 2019 7

(b) where the authority empowered to dismiss or remove a
person or to reduce him in rank is satisfied that for some
reason, to be recorded by that authority in writing, it is not
reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may
be, is satisfied that in the interest of the security of the State it
is not expedient to hold such inquiry.
(3) If, in respect of any such person as aforesaid, a question
arises whether it is reasonably practicable to hold such inquiry
as is referred to in clause (2), the decision thereon of the
authority empowered to dismiss or remove such person or to
reduce him in rank shall be final.
July 2, 2019 8

Imp. Terms in RS(D&A) Rules,1968 & RS(Conduct) Rules,1966
1. Disciplinary Authority (D.A) .... Defined ..... Rule 2(1) (c).
2. Appointing Authority .... Defined. ..... Rule 2(1) (a) .
3. Railway Servant ..... Defined. ..... Rule 1(1) (e) .
(As defined in clause 43 of Rule 103 Vol.I –IREC ).
4.Misconduct / conduct ..... Not defined.
5.Charged Official.(C.O) .... Not defined.
6. Major Penalty .... Not defined. ..... [Ref. 6 (v) to (ix)]
7. Minor Penalty .... Not defined. ..... [Ref. 6 (i) to (iv)]
8. Inquiry .... Not defined. ...... [Ref. 9(1) &10)]
9. Inquiry Officer (I.O) .... Not defined. ....... [Ref 9(2)]
10. Presenting Officer (P.O) .... Not defined. ....... [Ref.Rule.9(9) (c)]
11. Defence Counsel (D.C) .... Not defined. ....... [Ref .Rule..9(13)]
12. Written Brief of P.O. &C.O..... Not defined. ....... [Ref. 9(22) ]
13. Inquiry report . .... Not defined. ....... [Ref. 9(25)(1)]
July 2, 2019 9

What Components does SFNO.5 has?
Para.1
Intention of D.A to hold inquiry under Rule 9 on the misconduct
as mentioned in;
a) Article of Charges –Annexure I
b) Statement of imputation of misconduct or misbehaviour –
Annexure-II
c) List of Documentary Evidence in support of the Charges –
Annexure-III
d) List of Oral witnesses in support of the charges-Annexure-IV
Para-2
Opportunity to inspect documents (within 10 days), for whom
to contact.
Para -3
Opportunity to avail assistance of another rly servant to defend
his case.(max 03) and submit his undertaking.
July 2, 2019 10

What Components does SFNO.5 has? (...contd)
Para-4
Written statement of defence with in further 10 days, to state
whether he would like to be heard in person, produce any
witnesses in support of his defence.
Para-5
Enquiry will be held only on those charges which are not
admitted.
Para -6
For failure to appear before inquiry officer ex-parte inquiry will
be conducted.
Para -7
Trying to influence will violate Rule 20 of RS(conduct)Rules,1966
Para-8
Acknowledge the receipt.
July 2, 2019 11

Rule No.9 (1)….(Enquiry is must)
No order imposing any of the penalties specified in clauses (v) to
(ix) of Rule 6 shall be made except after an inquiry held, as far
as may be, in the manner provided in this rule and Rule 10, or in
the manner provided by the Public Servants (Inquiries) Act,1850
(37 of 1850) where such inquiry is held under that Act.
Rule No. 9(2)…(Appt of I.O.)
Whenever the disciplinary authority is of the opinion that there are
grounds for inquiring into the truth of any imputation of
misconduct or misbehavior against a Railway servant, it may itself
inquire into, or appoint under this rule or under the provisions
of the Public Servants (Inquiries) Act, 1850, as the case may be, a
Board of Inquiry or other authority to inquire into the truth
thereof.
Appintment of I.O.-Rule 9(2) &P.O. Rule No. 9(9)(a)(c).
July 2, 2019 12

Appintment of I.O.-Rule 9(2) &P.O. Rule No. 9(9)(a)(c)...
Contd.
Rule 9(9) (a)(c)…(Appt of P.O)
Where the disciplinary authority itself inquires into an
article of charge or appoints a Board of Inquiry or any
other inquiring authority for holding an inquiry into such
charge, it may, by an order in writing, appoint a railway
or any other Government servant to be known as
Presenting Officer to present on its behalf the case in
support of the articles of charge.
July 2, 2019 13

Appointment of P.O. In CBI Cases – (Para 317 –IRVM,2018)
317.1
The D.A. may appoint an officer as the P.O. simultaneously
with the appointment of the I.O. in order to avoid delays.
The investigating officer should not be appointed as the P.O.
317.2
PO shall be appointed from within the organization, even in
cases investigated by the CBI.
317.3
The PO needs to attend every hearing, but in case he cannot
be present on any occasion, the DA has to appoint a substitute
PO, not below the PO's rank, to present the case. This
substitute PO should not have associated himself with
investigation of the case at any stage.
July 2, 2019 14

 He should belong to the same Zonal Railway in which the C.O. is
working.( Ref. E(D&A)68 RG dated 25.5.1968, E(D&A)96 RG 6-106 dated 08.10.1990).
 He should not have handled the case as CVI by which the present
charge sheet was issued to C.O.(Ref. E(D&A)92 RG 6-175 Dated 18.12.1992.)
 He should not have dealt the case of C.O in Personnel Dept. as a
dealing staff.(Ref. E(D&A)60 RG 6-31 Dated 17.9.1960).
 He should have informed the controlling officer about his engagement
as Defence Counsel in this case ( Ref. E(D&A)79 RG 6-38 dated 26-2-1980).
 He should not have more than 03 cases* (for working rly.servants)/ 07
cases* (for Retd rly. Servants).( Chapter 16- DOPT Hand book -2013)
 He should not be Legal practitioner.(Ref. E(D&A)59 RG 6-10 Dated 6.11.1959,
Rule 19(13) (a) RS(D&AR Rules,1968))
 For Trade union office Bearers they should have completed more than
one year continuous working as full time union worker and
shall not charge any fees from the C.O. (Rule 19(13) (b) Note :1 RS(D&AR
Rules,1968).
Who Could be a Defence Counsel- (D.C), Rule 9(13)
July 2, 2019 15

 Evidence- means and includes (Ref: Indian Evidence Act,1872)
(1) all statements which the Court permits or requires to be
made before it by witnesses, in relation to matters of fact
under inquiry; such statements are called oral evidence;
(2) all document including electronic records produced for the
inspection of the Court],such statements are called
documentary evidence.
 Speaking Order- (Ref: Chapter 28 of DOPT Hand book)
Order which contains not only conclusions and directions but
also the reasons that have lead to the conclusion.
 Burden of Proof- (Ref: Chapter 19 of DOPT Hand book)
General rule is that one who wants the Inquiring Authority to
believe something , must lead evidence to establish the fact.
Some Imp. Terms - Related to Enquiry Proceedings
July 2, 2019 16

(Contd from..)
 Leading Questions-
Leading question is one which indirectly reveals the expected
answer to the questions.
 Standard of Proof (Ref. Para 805,IRVM-2018)
While taking such decision in departmental proceeding the
disciplinary authority should bear in mind that a
departmental proceeding is inherently different from a
criminal trial, and that the standard of proof required is
based on the principle of 'preponderance of probabilities'
rather than 'proof beyond reasonable doubt'.
'preponderance of probabilities’ ….means “ more likely to
have happened than otherwise”.
 Hearsay evidence is admissible, if there is corroborative
material.
July 2, 2019 17

1. Central Vigilance Commission.
2. CBI and other police authorities when they do not intend to
investigate the complaint.
3. Any railway administrative authority.
4. Ministries and Departments of the Central or State Governments.
5. The President's Secretariat and the Prime Minister's Office.
6. MPs/MLAs/VIPs, individuals and social and other organisations.
7. Complaints made under Public Interest Disclosure and Protection of
Informers Resolution, 2004.
8. Complaints received from employees of the organisation or from the
public.
9. Departmental inspection reports and stock verification surveys.
10. Scrutiny of transactions reported under the Conduct Rules.
11. Reports of irregularities in accounts detected in the routine audit of
accounts; e.g. tampering with records, over-payments,
misappropriation of money or materials, etc.
Sources Of Complaints of VIG CASES-
(Para 502, IRVM-2018)
July 2, 2019 18

Contd From…
12. Audit reports on Government accounts and on the accounts of public
undertakings and other corporate bodies, etc.
13. Reports of Parliamentary Committees like the Estimates Committee,
Public Accounts Committee and the Committee on Public Undertakings
14. Proceedings of the Houses of Parliament
15. Complaints and allegations appearing in the press, etc.
16. Source information, if received verbally from an identifiable source, to
be reduced in writing
17. Intelligence gathered by agencies like CBI, ACB, Lokayuktas, etc.
18. Complaints received through e-mail.
Sources Of Complaints of VIG CASES-
(Para 502, IRVM-2018)
July 2, 2019 19

ORIGIN OF VIGILANCE RELATED D&AR CASES
COMPLAINT
CBI- ACB
Investigation
by PI/CBI
Controlling
Officer
Investigation
by I/TI/CMI
etc.
Fact Finding
Report
Investigation
Report
PREVENTIVE
CHECKS
COMPLAINT
VIGILAN
CE DEPT
F.I.R
July 2, 2019 20

Defence of CO
Disciplin
ary
Authorit
y (D.A)
Inquiry
Officer
(I.O.) SF-
7
Charged
Official
(C.O)
Presenting
Officer(P.O
)
Defence
Counsel
(D.C)
July 2, 2019 21

STAGES IN D&AR ENQUIRY
(Ref DOPT Hand Book –Chapter -17
A. Pre Hearing Stage
Appt of P.O., I.O. Examining the Correctness of documents by
the I.O.& P.O.
B. Preliminary Hearing Stage
Time before regular hearing parties appear before I.O. Sort out
preliminary issues such as inspection of documents, production
prosecution and defence documents
C. Regular Hearing Stage
Evidence by the parties
D. Post Hearing stage
Written brief of P.O., Wirtten brief of C.O., submission of
inquiry Report by the I.O.
July 2, 2019 22

OR….General Examination of C.O.
Closure of Presentation of Defence Side
Conclusion of Enquiry
Submission of P.O. Brief
Submission of C.O. Brief
Submission of I.O. Report
July 2, 2019 24

ROLE & FUCNTIONS OF PRESENTING OFFICER IN
D&AR ENQUIRY
(Ref: DOPT Handbook for IOs & DAs-2013)
July 2, 2019 25

1. What is the basic responsibility of the
Presenting Officer (PO)?
To present the case of the Disciplinary
Authority so that the charges can be proved in
the Inquiry.
July 2, 2019 26

2. What are the various activities to be
performed by the P.O. for the discharge of the
above function?
 The P.O. is required to lead the evidence of the D.A.
and satisfactorily answer the contentions raised by
the C.O. His functions are:-
1. Presenting the documentary evidence.
2. Leading the oral evidence on behalf of the
disciplinary authority.
3. Cross examine the defence witness.
4. Preparation and presentation of the written
brief.
5. To liaison with the D.A. throughout the course of
his assignment.
July 2, 2019 27

3. What are the activities performed by the PO
during the preparatory stage?
1. Examine Appointment order.
2. Examine documents.
3. Establishing rapport with the Inquiry Officer.
4. Understanding the charge.
5. Analysing the charge.
6. Link the facts to evidence.
7. Anticipate possible line of defence.
July 2, 2019 28

4. What documents are to be received by the PO
along with the appointment order?
 PO receives the following documents along with the
Appointment Order:
1. Charge Sheet along with the enclosures.
2. Written Statement of defence submitted by the charged
officer.
3. In case the Charged Officer has not filed any Statement
of Defence, a confirmation to the above effect and a
confirmation to the effect that the Charge Sheet has
been served on the Charged Officer.
4. A copy of the order of appointment in respect of the
Inquiry Officer.
July 2, 2019 29

5. Will it be fair and appropriate for the PO to meet
the IO unless called for a hearing?
 P.O. is the agent of the D.A. and his endeavour is to prove
the charge. On the other hand the I.O. is an impartial
authority who is required to decide the case on the basis of
the evidence led before him.
 Notwithstanding this position, the P.O. should consider
himself as one assisting the I.O. in ascertaining the truth.
 Immediately on receipt of the appointment order, the P.O.
should get in touch with the I.O. and assure him of his co-
operation.
 Needless to add, it will be unethical for a P.O. to influence
the I.O. regarding the hearing and its outcome.
July 2, 2019 30

6. What is the need for the PO to understand the charge
immediately on receipt of the appointment order?
 P.O. can present the case effectively only if he understands
the case of the D.A. thoroughly. The clue for understanding
the charge is asking the following questions:
 What has the C.O. done or failed to do?
 What was required to be done or not to have been done?
 Which rule or instruction prescribes what is required to be
done or not to be done?.
July 2, 2019 31

7. How does the PO analyse the Charge?
 The PO has to perceive the Charge – Fact – Evidence co-
realtion in the Charge Sheet.
 For example, if there is a charge that an officer (working in a stores
department) has procured certain items without any demand for the
same from the sub-depots and thereby violated certain departmental
instructions, the charge involves the following facts:
 That there are some instructions relating to the manner of
procurement of items.
 That the instructions require that the items can be procured
only after the receipt of the demands from the sub-depots.
 That the officer purchased the specified items.
 That there was no demand from any sub-depot for these
items.
July 2, 2019 32

8. How should the PO link evidence to charge?
• Every fact that is required for establishing the charge must be
presented through some evidence.
• P.O. must locate evidence at his disposal for establishing
various facts.
• This can be done by listing out the facts to be proved in the
inquiry and examining which piece of evidence (in Annexure III
and IV) will help in establishing the fact.
• The officer who has carried out the Preliminary Investigation
can be of great help in this regard because he has already
reached certain conclusions on the basis of the evidence
gathered by him during the investigation stage.
July 2, 2019 33

9. What is the sphere of activities during the Preliminary
Hearing Stage, with which PO is concerned?
1. Collection of original documents.
2. Finalizing the schedule for the Inspection of the listed
documents.
3. Conducting the inspection of the listed documents.
4. Additional documents required by the C.O.
5. Collection of the documents cited by the C.O.
6. Handing over the listed documents to the I.O. after the
inspection.
7. Obtaining the copies of the documents required by the C.O.
July 2, 2019 34

10. Wherefrom and when does the PO collect the
original documents?
 Originals of the documents listed in Annexure III of the
charge sheet are generally held by the D.A.
 Normally they are retained by the Vigilance Section or the
Administrative section which has processed the case for
issue of Charge Sheet.
 The same will have to be obtained by the P.O. and kept in
safe custody till it is got inspected by the C.O. and finally
presented to the I.O.
 The documents must be with the P.O. before the inspection
of the same by the C.O.
July 2, 2019 35

11. When does the inspection of documents take place?
 It is during the Preliminary Hearing, that a decision is taken
for the Inspection of the Documents.
 As per Rule 14(II)(i), inspection of the documents is required
to be done “within 5 days of the order or within such further
time not exceeding five days as the Inquiring authority may
allow”.
 The P.O. will have to indicate to the I.O., his preference for
the venue, date and time of the inspection of the listed
documents.
 Depending upon the mutual convenience of the parties, the
I.O. will fix the schedule for the inspection of the listed
documents
July 2, 2019 36

12.What precautions are to be observed by the PO
during inspection of documents?
 P.O has to exercise great care and caution during the inspection of
original documents by the C.O.. There have been occasions wherein
the originals were destroyed during the inspection. The following
suggestions are worth considering at the time of inspection of
documents:
 The C.O. may not be allowed to hold a pen while carrying out
the inspection of the originals. A small dot or bar or a comma or
a colon may change the contents of the originals enormously. As
C.O. is entitled to take notes at the time of inspection, he may
be advised to take notes with a pencil.
 Preferably give one document at a time. It is appropriate to give
the documents one after another. Once a document has been
inspected, the same must be taken back and then another
document may be handed over for inspection.
July 2, 2019 37

13. What precautions are to be observed by the PO
during inspection of documents? (Contd from …12)
 Keep the document equidistant between the C.O. and the P.O.
This will enable the P.O. to have physical control of the original
document if the C.O. tries to destroy.
 Never leave the documents in the custody of the C.O. It is
advisable that the P.O. is always present in the room
throughout the inspection.
 In case there is any difference of opinion about the rights of
the C.O. or the limitations which the P.O. may impose, the
matter may be referred to the I.O. rather than entering into an
unpleasant debate.
July 2, 2019 38

14. What is the role of the PO with regard to the Additional
documents & witnesses demanded by the IO?
 The C.O. is entitled to ask for the documents which may be of
help in his defence.
 In fact, the I.O. is required to ask for the details of the
documents and witnesses required for the purpose of
defence. Although it is for the I.O. to decide on the relevance
of the documents and witnesses cited by the C.O., P.O. need
not be a mute spectator at this stage.
 Being a party to the proceedings, he has a right to express his
opinion. Besides, he also has a role to assist the I.O. by way of
bringing to the notice of the latter the rule position and the
custodian of the document which has been cited by the C.O.
July 2, 2019 39

15. What is the role of the PO in collecting the additional
documents demanded by the CO? (Contd from ..14)
 Often, the I.O. request P.O. to collect the documents required by
the C,O, for the purpose of his defence. This practice is likely to
vitiate the inquiry and must be strictly avoided. Collection of the
documents by the P.O. may result in allegation being levelled by
the C.O. that the documents were tampered while under the
custody of the P.O. If the Inquiry Officer requests the P.O. to
collect these documents, the latter should politely apprise the
former of the problems involved.
 The documents required by the C.O. must reach the I.O. direct
from the custodian of the documents.
 However, there can be no objection to the P.O. transiting these
documents in sealed covers from the custodian of the
documents to the I.O.
July 2, 2019 40

16 What is the role of the PO in handing over the listed
documents to the IO?
 After the Inspection of the documents by the C.O., in the next
hearing, the P.O. is required to hand over the listed documents
to the I.O. who will be taking over the documents and marking
them as PD-1, PD-2,etc. At this stage, the P.O. should pay special
attention to these aspects:
1. The facts regarding the admission and dispute over the
listed documents should be correctly brought out in the
Daily Order Sheet.
2. The documents taken over by the I.O. are to be signed by
the P.O. and the C.O.
3. P.O. should ensure that the details of the documents taken
over are correctly reflected in the daily Order Sheet. This
alone will serve as a receipt for the documents handed over
by the P.O.
July 2, 2019 41

17. Is the PO entitled to have copies of the additional
documents demanded by the CO?
 Yes. He is also entitled to peruse the originals of these
documents.
 The PO has to carefully go through the documents cited by the
C.O. and try to anticipate as to how the C.O. will draw support
from the same.
 As the C.O. will submit his written brief only after the
submission of brief by the P.O., there is no way for the P.O. to
understand as to how the C.O. relies upon the documents for
the purpose of his defence. P.O. can only anticipate this and
accordingly do the needful in his written brief.
July 2, 2019 42

18. What are the responsibilities of the PO during the
Regular Hearing Stage ( Reg. Witnesses)?
 During Regular Hearing, witnesses of both sides are
examined, in which the PO has the following
responsibilities:.
1. Deciding the witnesses who may be dropped.
At times Annexure IV of the Charge Sheet may contain
witnesses who are not necessary witnesses who can be
dropped with the approval of the D.A. and I.O. should be
informed.
2. Deciding as to whether any additional witness is
required has also to be done with the approval of the
D.A. Thereafter a request will have to be made to the IO.
July 2, 2019 43

18. What are the responsibilities of the PO during the Regular
Hearing Stage? (Contd..from 18)
3. Contacting and briefing the witnesses.
There is nothing unethical in contacting the witnesses in
advance and informing of the proposed hearing. If the
prerecorded statement of the witnesses is available, the same
may be shown to the witness also. The witness may also be
informed of the likely questions during cross examinations and
be advised to be ready with answers. It would be highly unethical
to request or persuade or pressurise the witness to depose in any
particular manner.
4. Arranging the attendance of the above witnesses.
July 2, 2019 44

18. What are the responsibilities of the PO during the
Regular Hearing Stage? (Contd..from 18)
5. Conducting the examination of the Prosecution witnesses:
Normally, examination in chief may not be in the question answer
form. If a pre-recorded statement is available, the same may be read
over to the witness and he/she may be asked to confirm the same.
The witness may also be asked if he/she would like to add, subtract or
modify the contents of the pre-recorded statement.
Otherwise, the witnesses may be asked to introduce
himself/herself and then state the facts relevant to the case. PO,
however, is expected to be ready with the details which are to be
stated by the Witness. In case any particular information was not
covered by the witness in his/her narration of the events, PO should
specifically ask for the same.
July 2, 2019 45

18. What are the responsibilities of the PO during the Regular
Hearing Stage? (Contd..from 18)
6. Conducting re-examination of the witnesses where necessary:
P.O. should carefully watch and note down the likely confusions created
through the cross-examination. Appropriate questions must be put
during re-examination, to clear the misconceptions created through
cross- examination.
7. Conducting Cross examination of Defence Witnesses
1. Gathering the background information about the defence
witnesses.
2. Anticipating the deposition of the defence witnesses.
3. Observing the examination in chief of the defence witnesses so as
to judge the veracity of the statements, involvement/interest of
the witnesses and also to object to leading questions and to cross
examine them.
July 2, 2019 46

19. What precautions are required on the part of the PO
during the Regular Hearing stage?
1. P.O. should ask the questions during examination-in-chief,
in such a way that the witness understands what answer is
required.
2. During cross examination P.O. should ask questions in
such a way that the witness does not understand what
answer is required.
3. P.O. should ensure that no leading questions are asked
during examination in chief and re-examination.
4. Object to the Leading questions raised by the C.O. or the
Defence Assistant during examination or re-examination of
the defence witnesses.
5. Raise objections, where necessary, during cross
examination of witnesses.
6. Ensure that recorded statement of witness is true to the
depositions and free from errors.
July 2, 2019 47

20.What are the activities of the PO during post hearing
stage?
 Prepration and Submission of Written Brief:
After the hearing is over, P.O. is required to submit within 10
days the written brief. The purpose of the brief is to
establish, by relying on the evidence produced in the inquiry
that the charge stands proved.
 What is the format for the brief of the P.O.
1. Introduction
2. Details of the charges leveled
3. Proceedings during the Preliminary Hearing:
4. Proceedings during the regular hearings;
5. Opportunities given to the CO: appointment of
Defence Assistant; adjournments demanded and
granted; documents and oral witnesses demanded
and allowed, etc.
July 2, 2019 48

20. What are the activities of the PO during post hearing
stage?Contd from..20)
 Format of the Brief of the P.O. (contd)
6. Case of the D.A. the Charge-facts-evidence co-
relation.
7. Evidence on behalf of the D.A.
8. Evidence on behalf of the C.O.
9. Analysis of the Evidence presented by the parties.
10. Conclusion.
July 2, 2019 49

Bibliography
1. The Railway Servants Discipline and Appeal Rules, 1968.
2. The Railway Service Conduct Rules, 1966
3. The Constitution of India- National Portal of India.
4. Indian Railways Vigilance Manual -2018
5. Handbook for Inquiry Officers and Disciplinary
Authorities-2013 (DOP&T).
July 2, 2019 50

Guide lines for Presenting Officers of Departmental Inquiry in Railways

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