Indian Railways study material

1. Topic of Discussion
Role of Inquiry Officer, Presenting
Officer & Defence Helper
Miscellaneous duties of PO
Important “Do’s” and “Don’ts” for
IO, PO and DH

2. PURPOSE OF THE TALK
To complete DAR enquiries expeditiously
without
violating the principles of natural justice
where
Charged Officer is given reasonable opportunity
to defend his/her case

3. Why Discipline?
Indispensable to achieve organizational
objectives, targets and goals.
Results in appropriate environment for efficient
working.
Improves productivity.
Benchmark of efficiency and hallmark of
success.
Necessary to keep the system on its toes.

4. Red Hot Stove Rule
Douglas McGregor propounded this rule.
(a) Warning not to touch it and results are known,
if done.
(b) Imparts immediate lesson because burning is
instant.
(c) In advance, warning is available for not
touching.
(d) Discipline is uniform, anybody touching will
get burnt.
(e) Discipline is not personalized as the reaction is
to the touch and not the person.

5. Why Inquiry?
 Enshrined in Article 311 of Constitution of
India
(a) No person shall be dismissed or removed by an
Authority subordinate to that by which he was
appointed.
(b) No such person shall be dismissed or removed
or reduced in rank except after inquiry in which
he has been informed of the charges against
him and given a reasonable opportunity of
being heard in respect of these charges.

6. Model Time Frame
Railway Board constituted a Committee of
senior officers drawn from Establishment,
Vigilance & CVC to identify reasons for delay
in finalization of cases and suggest remedial
measures thereof
Considering practical problems faced by
Administration at various stages in processing
D&AR cases, model time schedule was
recommended by the Committee and accepted
by the Board

7. Model Time Frame (contd.)
*1. Issue of charge-sheet after receipt of
CVC’s 1st stage advice by the Railway 30 days
2. Service of charge-sheet 10 days
3. Inspection of RUDs 30 days
4. Submission of written statement of defence,
list of defence witnesses & list of defence
documents 20 days
5. Decision to hold the enquiry after
receipt of the defence 30 days
6. Nomination of IO/PO in consultation
with CVC/Railway Board 45 days
7. Appointment of IO/PO 20 days
**8. Completion of enquiry and submission of report 120-180 days
……. Contd./-

8. Model Time Frame (contd.)
9. Obtaining CVC’s 2nd stage advice after receipt
of enquiry report 45 days
***10. Decision of DA and imposition of punishment 3-60 days
________
380-470 days
* Add another 45 days for issue of charge-sheet wherever President /
Railway Board is the Disciplinary Authority
** Upper time limit is for cases involving more than one charged official
*** Upper time limit is for cases to be considered by more than one DA. Add
another 270 days for decision by President in consultation with UPSC.

9. Reasonable Opportunity
A party should have the opportunity of adducing
all relevant evidence on which he relies.
The evidence of the opponent should be taken in
his presence.
He should be given the opportunity of cross-
examining the witnesses examined by the party.
No materials should be relied against him without
his being given an opportunity of explaining
them.

10. Principles of Natural Justice
Three important principles not defined under
any rules but crystallized through judicial
pronouncements:
1. Right of either of the party to be heard i.e. fair
hearing (Audi Altrem Partem).
2. No person can be a judge in his own cause i.e.
unbiased judgement (Nemo Judex Causa Sua).
3. Justice should not only be done but should be
seen to be done i.e. clear Speaking Orders.

11. WHY ENQUIRY?
DA can only impose the penalty for
“Good” & “Sufficient” reasons.
Good - Sound and good in law
Sufficient - Commensurate with the
proposed punishment
Therefore, there is obligation to search for
reasons which are good & sufficient and,
therefore, the inquiry

12. Departmental Proceedings
Standard of proof is “Preponderance of
Probability” whereas Court requires “Proof
beyond reasonable doubt”.
Circumstantial evidence admissible whereas
Court requires direct evidence.
Provisions of Indian Evidence Act, 1872 not
applicable in Departmental Inquiries are to be
meticulously followed in judicial proceedings in
Courts. IO can depart from them yet conform to
principles of natural justice.
contd./-

13. Departmental Proceedings
(contd.)
IO is amenable to Writs of Certiorari and
Prohibition.
CO can approach the Supreme Court on the
findings of IO through Special Leave to
Appeal under Article 136 of the Constitution.

14. Writs and SLP
Writ of Prohibition – issued to an inferior Court
preventing it from usurping jurisdiction which is
not legally vested in it. It is generally issued
before trial of the case.
Writ of Certiorari – issued when subordinate
judicial authority acts (i) without or in excess of
jurisdiction, (ii) in contravention of rules of
natural justice or (iii) commits an error apparent
on the face of the record. It is issued after
authority has already exercised its powers.

15. Writs and SLP (contd.)
• SLP – Supreme Court, in its discretion, may grant
Special Leave to Appeal from any judgement,
decree, sentence or order in any cause or matter
passed or made by any Court or Tribunal in the
territory of India.
• Enshrined in Article 136 of the Constitution of
India

16. WHEN DOES IO COME
INTO EXISTENCE?
After the Charged Official(CO) submits his
defence in reply to the charge sheet, either
denying the charges/partially admitting/
conditionally admitting the charges, DA then
remits the case for departmental enquiry to
establish the facts in regard to the Article of
Charges
&
IO is appointed by the DA.
Only after the receipt of appointment letter, IO
comes into existence.

17. Appointment of IO/PO
Nomination is different from appointment
Appointment of IO/PO can be done only
by Disciplinary Authority
IO/PO come into existence only after
positive act of appointment by DA

18. WHO CAN BE AN IO?
An IO must have an open mind and be impartial
in the subject matter of Inquiry. He must not have
any personal knowledge of the matter and he
should not have prejudged the issue at any stage
An IO can be –
A CDI under CVC (14 CDIs for conducting
inquiries in serious and important disciplinary
cases)
A serving Railway Officer
A retired Railway Officer

19. WHO IS A PO?
A Presenting Officer is an official appointed by
the DA to present the case, on behalf of the
administration, in support of the Article of
charges before the Inquiry Officer
A PO should be a public servant or a Govt.
servant. He can also be a legal practitioner.
Note: PO should not have been associated with
the investigation of the case at any stage

20. Public Servant and Govt.
Servant
Government Servant – any person in the service or pay of
the Govt. or remunerated by the Govt. by way of fees or
commission for the performance of any public duty.
Public Servant – any person who holds an office by virtue
of which he is authorized or required to perform any
public duty (eg. members of local authority, corporations,
judges, persons assisting in Court proceedings,
arbitrators, co-operative societies, members of Service
Commissions, VCs or members of governing bodies,
office bearers of Societies etc. receiving any financial aid
from the Govt.)

21. WHO IS A DH?
Charged Official is entitled to get the assistance of one
serving/retired Railway employee, provided –
 He is not a legal practitioner(except in those cases where
PO is also a legal practitioner)
 He should not have more than 3/7 cases as DH at any
point of time
 He should be serving at the HQ of the CO (working under
the same Railway administration, subject to whose
jurisdiction and control, CO is working – Rule 9(13)(a)
 To proceed with the case on proper authorization of CO,
if in any hearing,CO cannot come

22. ROLE OF PO IN NOMINATION
OF DEFENCE HELPER
Defence Helper is nominated by the CO
In case DH is a serving employee, the clearance
of his Controlling Officer must also be obtained
In the nomination of DH, PO should point out if-
 DH has got more no. of cases than the
prescribed limit.
 DH is otherwise not eligible on technical
grounds (legal practitioner, associated in
either investigation of the case or in his
official capacity).

23. Action to be taken by PO on receipt of
appointment order
 Check the appointment orders for signature by authority
competent to do so. Appointment order will be separate for
each CO. Appointment authority for different COs can be
different depending on the grade in which CO is working.
The appointment orders should also indicate the name of
Inquiry Officer.
 Check the charge-sheet for its enclosures such as RUDs,
proof of delivery of charge-sheet.
 Check if the CO’s representation has been supplied or not.
 Contact the vigilance officer who dealt with the case to
know the source of original RUDs and take possession of
the same.
 Familiarize yourself with the case before contacting IO.

24. Role and Responsibility of PO
after appointment
 Contacting IO to check about receipt of appointment
orders, copy of charge-sheet along with enclosures and
defence brief.
 Arrange to have the date of Preliminary Hearing (PH)
fixed by IO preferably in consultation with CO.
 Obtain and provide to the IO the current addresses of
charged officials for issuing PH notice.
 Assist IO with preparation of PH notice and despatch of
the same.
 Check with the IO if he is in position to arrange
stenographic assistance himself or requires services of a
serving steno/typist. Arrange steno/typist if requested by
IO, if possible.
 Arrange for inspection of documents in custody of Court

25. On the day of PH- Role of PO
 Get the inquiry room opened
 Ensure cleanliness of the room, availability of furniture,
drinking water
 Try arranging a peon for miscellaneous duties
 Coordinate attendance of steno/typist, availability of
typewriter, stationery etc.
 Guide the IO in regard to acceptance of proposed DH
 Assist in preparation of daily order sheet and posting the
same to those of the COs who were not present during
PH. Postal cost is to be borne by the Railways.

26. HELP FROM PO IN
EXPEDITING THE ENQUIRY
PO is an official appointed to present the case. He
is responsible for –
- Presenting the case of prosecution
- Arranging prosecution witnesses
- Examining/Re-examining Prosecution
Witnesses (PWs)
- Cross-examining Defence Witnesses (DWs)
- Submitting PO brief
contd…../-

27. Contd…(Help from PO in
expedting inquiry)
 PO is also a link between the IO and
DA and he can be used for –
- Arranging additional documents
- Arranging witnesses, who do not
respond to normal calls
- Disposal of CO’s representations
- Arrangement for quick communication
in case of change of date/venue

28. ROLE OF PO IN PREPARING PWs FOR
CROSS-EXAMINATION BY THE
DEENCE
It is necessary to discuss the case in advance with
all the material PWs.
They should be shown their earlier statements to
refresh their memory, so that they do not
contradict their own statement.
They should be told about the possible line of
questioning by the DH. PO should also
contd…

29. Contd.….(Role of PO in
preparing witnesses)
prepare them for brief replies (based on their
statements) because some of the PWs may get
nervous and cause damage to the case.
PWs should be told not to reply to irrelevant
questions of DH.
PWs should be told that they may be excited by
the DH to give replies beyond their role and they
have to guard against it.

30. ROLE OF IO - Model
Procedure for Preliminary
Hearing
After getting appointment orders along with the
charge-sheet and all the RUDs and defence
statement,study them & fix time, date & place for
PH preferably in consultation with CO and PO.
PH will open with the mandatory question
whether CO pleads guilty or not. In case, CO
pleads guilty unconditionally, no further enquiry
is considered necessary.
Contd…

31. Contd. – (Role of IO)
IO should order inspection of documents
In case, CO demands additional documents along
with their relevance and name and designation of
the custodian of the additional documents, IO
should examine it and grant permission/refuse.In
case of doubt about relevance of any
document(s), allow the document(s)
PO should be asked to collect additional
documents from the official custodian of the
allowed documents
Fix the date of Regular Hearing(RH)

32. REGULAR HEARING
After obtaining the certificate from CO of having
inspected the documents including supply of
additional documents, the additional and defence
documents should be taken on record.
Once the RH starts, it should be heard
DE DIE IN DIEM
i.e.
From Day to Day

33. ROLE OF IO – Care to be taken
during RH
First prosecution will present the case.
PO is not allowed to ask leading questions from
the Prosecution Witnesses
During the presentation of the case of
prosecution, IO can ask such questions, which
elicit more information about the case. But on
such question(s), CO/DH should
contd…..

34. Contd….Role of IO
be allowed to cross-examine the witness.
PO should be allowed to re-examine the witness,
if requested, but in this case, CO will get further
opportunity to cross-examine the witness on the
issue on which witness was examined by the PO.
If new evidence is produced by the PO before the
closure of the case of prosecution, CO should be
given adequate time/opportunity to defend his
case. Normally, 3 days adjournment is given and
copies of such documents made available/
opportunity to cross-examine such witnesses

35. Contd…. (Role of IO)
CO/DH are not allowed to ask irrelevant
questions
At any stage, CO should be allowed to plead
guilty
CO should not be forced to give evidence against
himself
In the last, IO should examine CO generally to
enable him to explain the circumstances
appearing against him. This should be done if CO has
not produced himself as a defence witness and may be
done if he has already appeared as his own witness.
Contd…

36. Contd….. (Role of IO)
IO can call any state witness (Court witness) to
seek relevant information but in such a case,
reasonable opportunity has to be given to the CO.

37. IMPORTANT DO’s FOR IO
Check the appointment order for correctness.
Plan holding PH within 20 days
Send notices through registered post/in person
giving adequate time for the communication to
reach all concerned
Open daily order sheet
During PH, do not forget to ask whether the
charged employee wishes to plead guilty
Contd……

38. IMPORTANT DO’s FOR IO
(contd.)
Daily Order Sheet
 A date-wise brief record of all important happenings in
the course of enquiry.
 A brief statement of all oral or written representations by
the Charged Officer or the Presenting Officer and orders
passed thereon by the Inquiry Officer.
 Record of business transacted on each day of oral
hearing.
 Orders of the Inquiring Authority for holding of hearings,
their adjournments etc.

39. IMPORTANT Do’s for IO
Daily Order Sheet – It contains;
A date-wise brief record of all important
happenings in the course of enquiry;
A brief statement of all oral or written
representations by the Charged Officer or the
Presenting Officer and orders passed thereon by
the Inquiry Office;
Record of business transacted on each day of oral
hearing; and
Orders of the Inquiring Authority for holding of
hearings, their adjournments, etc.

40. Contd… Important Do’s for IO
Sort out all disputed issues, the no. of
documents and witnesses before the RH.
Decide the relevance of additional
documents quickly and in case of doubt,
permit additional documents.
During RH, first work should be to take all
the documents on record.
Contd…

41. Contd. … Important Do’s for
IO
Disallow leading questions during examination.
Protect witnesses from harassment.
Ensure that court witness is examined by both
sides.
General examination of the CO must be done
in terms of Rule 9 (21) for the purpose of
enabling him to explain any circumstances
appearing against him in the evidence.
Inquiry Report shall be written in the
statutory format laid down in Rule 9(25)(i) of
RS(D&A) Rules, 1968

42. DON’Ts FOR IO
The IO is a delegate of the DA but he is not
subject to the orders or instructions of the
DA or of the superior authority in his
administrative hierarchy.
The Evidence Act is not applicable in
departmental enquiries.
The doctrine of bias as applicable in Law
Courts is applicable to IO.
Contd…..

43. Contd…. (Don’ts for IO)
Departmental proceedings should not be given
any publicity.
IO should not summon investigation report, DAR
file, advice of Ministry of Law and CVC’s
advice.
If HOD claims privilege in production of any
document on grounds of public interest and
security of the State, the same should not be
questioned (Rule 9 (16)).

44. (Contd.)- (Don’ts for IO)
Statements of witnesses examined during
investigation, but not cited in the charge sheet
should not be made available to the CO.
IO should not consult PO in the absence of CO.
IO should not look into any unspecified record.
IO should not use his personal knowledge and the
documents which are not on record in arriving at
the conclusions.
Should not suggest quantum of penalty in cases
where charges are framed.
Should not take certificate from CO at end of
inquiry that reasonable opportunity was afforded.
Should not be overly legalistic.

45. Important ‘Don’ts’ for PO
Do not ask leading questions from PWs
Do not use unparliamentary language
Do not get provoked by either questions from
CO/DH or replies of witnesses
Do not confer with IO out of the hearing of CO

46. Important ‘Don’ts’ for DH
Do not use unparliamentary language
Do not try to help CO during general
examination by IO
Do not argue/challenge the decisions of
the IO

47. Important Do’s for DH
Assist the CO
Instruct and guide CO in his defence
Examine, re-examine and cross examine
witnesses
Make submissions before IO on behalf of CO
Attend inquiry on behalf of CO on proper
authorization, if CO is unable to attend the
inquiry

48. Conditions under which the DAR
inquiry proceedings can be stayed
As a result of specific order or injunction from
Court of competent jurisdiction staying the
proceedings.
Orders from Disciplinary Authority.
DAR proceedings need not be adjourned or
stayed in the following circumstances.
On receipt of a notice under Section 80 of CPC.
Contd……

49. Contd….(Conditions for stay of
proceedings)
 On receipt of intimation that the impugned officer
proposes to file a writ petition
 On receipt of a mere show cause notice from a court
asking
(a) Why the petition should not be admitted
(b) Why the proceedings before DA/IO should not be
stayed or
(c) Why a Writ or an Order should not be issued

50. Section 80 of CPC and CAT Act
Section 80 of CPC – mandates a 2 months notice
period before a civil suit can be brought against
the Government or an official on duty.
19(4) of CAT Act – where an application has
been admitted, every proceeding under relevant
service rules as to redressal of grievances and
relevant to the subject matter of such application
pending immediately before such admission shall
abate and save as otherwise directed by CAT, no
appeal or representation in relation to such matter
shall thereafter be entertained under such rules.

51. Section 80 of CPC and CAT Act
(contd.)
No interim order (whether by way of Injunction or Stay)
shall be made on, or in any proceedings relating to, an
application unless (a) copies of such application and of
all documents in support of the plea for such interim order
are furnished to the party against whom such application
is made or proposed to be made and (b) opportunity
is given to such party to be heard in the matter
(a) & (b) can be dispensed in exceptional circumstances,
for reasons to be recorded in writing, that it is necessary
to do so for preventing any loss being caused to the
applicant which cannot be adequately compensated in
money. However, such Interim Orders shall cease after
expiry of 14 days unless vacated earlier or period of
operation specifically extended by CAT.

52. DOCTRINE OF FUNCTUS
OFFICO
Once the Inquiry Officer has
signed his report, he becomes
functus officio and cannot make
any change in his report.

53. Honorarium Entitlement
 When Departmental Inquiry is conducted against Gazetted Officers
or a combination of Gazetted and Non-Gazetted staff in a composite
case by a retired Railway Inquiry Officer (RIO) not below the rank of
Selection Grade (SG), the rate of honorarium for IO is Rs. 12,000/-
exclusive of local transport charges per Inquiry Report. PO will be
entitled to a fixed honorarium of Rs. 1500/- per inquiry report.
 In addition to the fixed amount of Rs. 12,000/-, IO will also be
entitled to an additional amount of Rs. 2100/- per Inquiry Report
provided the steno is arranged by the IO himself.
 When the services of a serving steno is placed at the disposal of RIO
on his request, the serving steno will get an honorarium of Rs. 1500/-
per Inquiry Report.

54. Honorarium Entitlement (Contd.)
S.No Points raised Amplification/Clarification
I What will be the rate of local
transport charges?
The rate of local transport
charges will be the same as
applicable to the serving
Railway Officers of equivalent
rank
II What will be the headquarters
of the Inquiry Officers for the
purpose of TA/DA?
The notified residential
address of the Inquiry Officer
will be the deemed
headquarter of the Inquiry
Officer.
III Rates for DAR cases arising
out of CBI investigations have
not been notified.
This shall be the same as for
other
DAR inquiries arising out of
Vigilance investigations.

55. Honorarium Entitlement (Contd.)
S.No. Points raised Amplification/Clarification
IV The Board’s orders No.2005/V-
1/DAR/5/1 dated
24.04.2006 (RBV No.8/2006)
enhancing the rate of
honorarium are stated to be
effective w.e.f. 24.04.2006.
Does it mean that the
enhanced rate of honorarium
will be applicable to all those
Inquiry Reports, which are
submitted on or after
24.04.2006.
The enhanced rates of honorarium
contained in Board’ s orders
No.2005/V-1/DAR/5/1 dated
24.04.2006 (RBV No.8/2006) will be
applicable to only those
departmental
inquiries, which are entrusted to
RIOs on or after 24.04.2006. For
enquiries entrusted before, for
which inquiry reports are
submitted on or after 24.04.2006,
old rates of honorarium shall
continue to apply.

56. Procedure for Payment of
Honorarium
 The IO will submit the report(s) to Dy.CPO(G) along with his claim
of honorarium for the conduct of inquiry.
 In case the steno is arranged by him, the claim for steno will be
clubbed with his claim for conduct of inquiry.
 A copy of the covering letter from IO should be marked to SDGM.
 The PO and serving steno will get their claim duly verified by IO and
submit the same to Dy.CPO(G).
 Dy.CPO(G) will pass on the report and bills to Vigilance wing within
three days of the receipt. The Nodal Officer in the Vigilance wing
will check the reports and the claim. After checking and certifying its
correctness, the same will be returned to Dy.CPO(G) within one
week.

57. Contd.(Procedure for Payment
of Honorarium)
 Dy.CPO(G) on receipt of the certified bills will sanction the amount
in favour of IO/PO/Steno followed by preparation of Pay Order and
submission of the same to Associate Finance within a week.
 The Associate Finance will undertake processing of the pay orders so
as to pass the bill and despatch the cheque within one week of receipt
of pay order from Dy.CPO(G).
 A confirmation regarding passing of the Pay Order along with the
CO-7 number will be issued by the Finance to the Nodal Officer in
the Vigilance wing.
 An amount of Rs. 75/- will be permitted as contingency expenditure
to meet courtesy requirement of serving tea/biscuits etc. for each
sitting of the inquiry. This expenditure will be incurred by PO duly
certified by IO and will be reimbursed to the PO by the railway. In
case IO incurs the expenditure, it will be reimbursed to him.

58. Thank You

59. Basic Features of DAR
Some important points for consideration

60. Special Features
 It is not a judicial proceeding but a quasi- judicial.
 The hearing and imposition of penalty in DAR are
with separate authorities. There can be more than one
authority to impose penalty in the same case. They
are also subject to administrative guidance by
superior authority.
 In judicial proceedings, both the authorities are
invariably same and are not subject to any
administrative instructions from a superior authority.

61. Standards of proof
In DAR proof is on the basis preponderance of
probability of the event taking place. Thus, it
is sufficient to prove the fact and the
responsibility of the CO for the event to prove
the charge.
In judicial proceedings, the standard is that of
beyond all reasonable doubts which are more
exacting.

62. Basic Principle
It follows from principle of natural justice.
This is ensured if prescribed rules are
followed.
It only means reasonable opportunity and not
unlimited or endless opportunity.
The basic premise is based on master/servant
relationship and hence normal approach
applicable to such a relationship is to be
followed.

63. Powers of D.A.
 All the powers are with the President.
 Down below, only delegated authority is to be
exercised. Hence the independence of the delegated
authority is limited to the final nod from the superior
one. Thus, the D.A. is bound to accept any
administrative guidance, which the superior authority
may issue while disposing DAR cases.
 This applies to Appeal/Review Authority also.

64. The Review
 Decision taken in DAR is subject to judicial review
which is limited to :
 Whether the procedures have been followed giving
due opportunity to C.O.
 Application of mind is visible where required.
 No undue delay but not so in serious cases
 Quantum of punishment is not subject to review.
 The proceedings can re-start from the stage where
mistake has taken place.

65. CONSTITUTIONAL PROVISION
Article 311(1): No Civil Servant shall be dismissed or removed by
an authority sub. to that by which was appointed.
(2) No civil servant 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 reasonable
opportunity of being heard in respect of those charges:
Provided that this clause shall not apply:
(a) Where there has been conviction on a criminal charge
(b) Where in the opinion of the DA it is not reasonably
practicable to hold such an inquiry
(c) Where the President is satisfied that in the interest of the
security of the State it is not expedient to give to that person
such an opportunity.

66. RULES OF NATURAL JUSTICE
(a) An opportunity to deny – for which he is
to be informed about the charges
(b) An opportunity to defend – to cross
examine prosecution witnesses and
produce his own evidence.
(c) An opportunity to make his
representation against action proposed on
the enquiry report

67. DAR RULES – UNDER PROVISO TO
ARTICLE 309 OF THE CONSTITUTION
(1) Proceeding under DAR Rules are quasi-judicial
and open to judicial review.
(2) Courts see whether the prescribed procedure
has been followed and there has been
compliance to natural principles of justice.
(3) Provisions of Evidence Act are not applicable.
(4) Courts cannot substitute DA’s wisdom.

68. MOST COMMON GROUNDS OF
CHALLENGE BEFORE COURTS
(1) DA had no jurisdiction.
(2) DA or IO biased.
(3) Reasonable opportunity of defence not
provided. (Defence evidence disallowed, cross
examination of PWs not permitted etc.)
(4) CVC/UPSC advice accepted w/o mind
application by DA.
(5) Final orders non-speaking.
(6) Proceedings time-barred/badly delayed.

69. NATURE OF ORDERS/INTERIM ORDERS
IN COURT CASES
(1) File reply in the stipulated
(2) Proceedings stayed
(3) Complete proceedings/inquiry in indicated time
frame
(4) Penalty order set aside, de novo action
permitted
(5) Penalty set aside, de novo action from indicated
stage
(6) Proceedings quashed.

70. LINE OF ACTION IN COURT CASES
(1) Collect material and file reply in the stipulated time.
(2) Process action for getting stay order vacated.
(3) Activate authorities in time limit cases.
(4) Seek extension if compliance in fixed time is not possible
(5) Prompt processing where de novo action permitted.
(6) Prompt examination of adverse orders for filing appeal.
(7) Contempt proceedings may arise if appeal is delayed.
(8) Seek transfer if the Bench has previous knowledge.
(9) Seek clubbing & transfer if cases arising out of the same Govt.
order have been filed before other Courts.
(10) Get a suitable advocate nominated.
(11) Whenever in doubt, consult the legal cell.
(12) Monitor the progress of each case.
(13) Ensure that there is no default in Advocate’s appearance.
(14) Let us learn & ensure that no mistakes recur.
(15) Inform all concerned of important court orders.

71. SECOND PROVISO ART. 309/DAR RULE : 14
(HOLDING OF INQUIRY NOT REQUIRED
RULE 14(i): ACTION ON CONVICTION ON CRIMINAL
CHARGE:
(1) EVALUATION OF GRAVITY OF MISCONDUCT
(2) SHOW CAUSE NOTICE AGAINST PROPOSED ACTION
(3) FINAL ORDERS WHICH ARE APPEALABLE.
RULE 14(ii): HOLDING INQUIRY NOT PRACTICABLE:
(1) ILLUSTRATIVE SITUATIONS: ATMOSPHERE OF VIOLENCE,
WITNESSES/INQUIRY OFFICER INTIMATED/TERRIFIED
(2) ORDERS STRAIGHTAWAY ON THE BASIS OF THE
MATERIAL. BUT RECORDING OF REASONS FOR
IMPRACTICABILITY HAS TO PRECEDE THIS. BETTER A
GIST THEREOF IS INCORPORATED IN THE ORDER ITSELF.
(3) APPEALABLE. INQUIRY MAY BE ASKED.

72. CONTD.
RULE 14(iii): HOLDING OF INQUIRY NOT EXPEDIENT IN
THE INTEREST OF SECURITY OF THE STATE
(1) PRESIDENT MAY PERMIT INQUIRY BEING DISPENSED
WITH BUT PENALTY ORDER MAY BE ISSUED BY THE
SUB. D.A.
(2) ORDINARILY, NO APPEAL LIES AND THE MATTER IS
ALSO NOT OPEN TO JUDICIAL REVIEWBUT IF
MALAFIDES ARE ALLEGED, COURTS MAY ASK FOR
RELATED MATERIAL/DOCUMENTS.

73. THANK YOU