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INTRODUCTION TO DAR

1.1. The Railway Servants (Discipline and Appeal) Rules, 1968 consists of 7 parts, 31 rules and 3 schedules as detailed below:

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Part	Rule	Content
I	1-3	General
II	4-5	Suspension
III	6-8	Penalties and Disciplinary Authorities
Iv	9-16	Procedure for imposing penalties
v	17-24	Appeals
VI	25, 25A	Revision and Review
VII	26-31	Miscellaneous

1.2. The schedule of Disciplinary powers and powers of Suspension of Competent Authorities are:

Schedule	Applicable to
I	Railway Board and its attached and subordinate offices
II	Zonal Railways and Production Units
III	Gazetted Officers

1.3. APPLICATION: (Rule-3)

These rules shall apply to every Railway Servant but shall not apply to:-

(a) Any member of the All India Services

(b) Any member of the Railway Protection Force

(d) Any person for whom special provision is made

(e) Any class of railway servants, by an order, by the President

KINDS OF PENALTIES

2.1. MINOR PENALTIES:

(1) Censure

(2) Withholding of promotion for a specified period

(3) Recovery from pay

(4) Withholding of Privilege Passes or PTO(s) or both

(5) Reduction to lower stage in the time scale of pay by one stage for a period not exceeding 3 years, without cumulative effect and not adversely affecting pension

(6) Withholding of increments of pay for a specified period with further directions as to whether on the expiry of such period, this will or will not have the effect of postponing the future increments of his pay.

2.2. MAJOR PENALTIES:

(1) Reduction to lower stage in the time scale of pay for a period exceeding 3 years, with Cumulative effect and adversely affecting his pension.

(2) Reduction to lower time scale of pay, grade, post or service,

(3) Compulsory Retirement

(4) Removal from service

(5) Dismissal from service.

2.3. QUANTUM OF PENALTY: (MC.66 Para-5)

The penalty to be imposed in a case will be decided by the Disciplinary Authority taking into account all the facts and circumstances of the case. However, special provisions exist for imposition of specific penalties in certain type of cases as detailed below:

S.No.	Type of cases	Penalties to be imposed
(1)	Act or Omission which resulted in collision or averted collision	Removal or Dismissal
(2)	Passing signals at danger	Any one of the Major penalties
(3)	Accepting Bribe / illegal gratification	Removal or Dismissal

Remarks

Where the specified penalty is not imposed, the reasons therefore shall be recorded in writing.

III. CHARGE SHEET

3.1. MEANING

It is a document in prescribed form stating that action against the concamed employee is proposed to be taken for lapses or misconduct. No penalty can be imposed on an employee without serving him a charge sheet.

3.2. CONTENT

The charge sheet should contain the facts of the case and not an expression on opinion. In case of major penalty charge sheet it should also contain a list of witnesses and list of documents hased on which the chames are framed This will enable the employee to submit a statement of defence to prove himself not guilty.

3.3. MINOR OR MAJOR PENALTY CHARGE SHEET

Issued in good faith based on the prima facie evidence by the Disciplinary Authority after collecting all relevant details such as material relating to the alleged offence, documents, witnesses and statement of all such witness. In consideration of all this, decision will be taken as to whether a minor or major penalty charge sheet is to be issued.

3.4. FRAMING OF CHARGE SHEET

A charge is a formally drawn up accusation against an employee communicated precisely in a simple language relating to the facts such as place, date and time of the incident indicating the rules/instructions/orders violated. Separate charge should be framed for each allegation and multiplication or splitting up of charges on the same allegation should be avoided. The charge sheet should be signed by the Disciplinary Authority.

3.5. FRESH CHARGE SHEET

After issue of charge sheet, if the charge sheet is found to be not in order due to any reason like, not issued by appropriate Disciplinary Authority or the charges require modification or addition or a major penalty charge sheet needs to be issued instead of minor penalty charge sheet, the charge sheet should be cancelled with reasons duly indicating that the cancellation is without prejudice to the right of the administration to issue of a fresh charge sheet. In case where only minor changes are required to be made in the articles of charge or when Annexure II, III and IV need to be modified, a corrigendum can be issued instead of cancelling the charge sheet and issue a fresh charge sheet. The corrigendum should be signed by the Disciplinary Authority.

3.6. DELIVERY OF CHARGE SHEET (MC.67 Para-6)

(1) The charge sheet should be served in person to the Charged Official through the immediate Supervisor. If the Charged Official refuses to accept the charge sheet, a copy of the charge sheet should be pasted on the notice board with signature of two witnesses.

(2) If the Charged Official is unauthorizedly absent, the charge sheet should be sent by RPAD to the last known address or through a special messenger. If the Charged Official refuses to accept the charge sheet sent through a special messenger, the charge sheet should be pasted on the notice board with signature of two witnesses. If the charge sheet sent through RPAD returned by the postal authorities with suitable endorsement on the cover, the undelivered cover so received should be filed as it is without opening the cover.

(3) In case of running staff, the charge sheet should be served only at the time of ‘signing-off.

PROCEDURE FOR IMPOSING MINOR PENALTY

(Rule-11)

(1) Charges shall be framed and communicated to the employee in Standard Form No.11.

(2) The charge sheet should simply state that it is proposed to take action against him under Rule-11.

(3) The statement of the imputations of misconduct or misbehaviour on which the action is proposed to be taken should also be mentioned.

(4) The delinquent employee should submit his defence statement within 10 days.

(5) If the employee fails to give reply within 10 days, the case may be dealt ex-parte.

(6) Inquiry may be conducted, if the Disciplinary Authority is of the opinion that such inquiry is necessary.

(7) The Disciplinary Authority has to consider the facts, circumstances and record his findings on each imputation of misconduct or misbehaviour and impose penalty stating the reasons for imposing such penalty in the form of speaking order.

(8) The speaking order should disclose the process of reasoning by which the Disciplinary Authority reached the conclusion that the employee is guilty.

(9) If the Disciplinary Authority proposed to withhold increments exceeding 3 years or to withhold increments with cumulative effect for any period or withholding of increments which is likely to affect adversely the amount of pension, an inquiry should be conducted before imposing such penalty.

(10) Penalty Advice should be served to the employee incorporating the speaking order and mentioning the details of Appellate Authority the time limit (45 days) prescribed to prefer appeal.

4.2. MODEL TIME SCHEDULE FOR MINOR PENALTY PROCEEDINGS AFTER THE ISSUE OF CHARGE SHEET

(1)	Answering the charges	10 days
(2)	Inspection of documents if requested by the employee	15 days
(3)	Submission of reply after inspection of documents, if permitted	10 days
(4)	If the inspection of documents as requested by the employee is not permitted, reply to the charge sheet to be given after the receipt of intimation on disallowing his request	10 days

PROCEDURE FOR IMPOSING MAJOR PENALTY

(Rule-9)

5.1. Charges shall be framed and communicated to the employee in Standard Form No.5 enclosing four Annexure.

Annexure-l	Statement of Articles of charge
Annexure-II	Statement of imputations of misconduct or misbehaviour in support of the articles of charge framed
Annexure-III	List of documents by which the articles of charge framed are proposed to be sustained
Annexure-IV	List of witnesses by whom the articles of charge framed are proposed to be sustained.

5.2. The Standard Form No.5 contains the following details:

(a) The purpose is to hold an inquiry,

(b) The employee can inspect and take extracts from the documents mentioned in Annexure-III within 10 days of receipt.

(c) The employee can take the assistance of another Railway Servant as Defence Helper for inspecting the documents and assisting him during inquiry.

(d) For the above, he should nominate one or more persons in order of preference.

(e) The employee should get an undertaking from the nominee that he is willing to assist him during the disciplinary proceedings.

(f) Such undertaking should contain the particulars of other case(s), if any, in which, the nominee had already assisting and such details should be furnished to the Disciplinary Authority.

(g) The employee is directed to submit a defence statement within 10 days of receipt of charge sheet if he does not require to inspect any documents for the preparation of his defence.

(h) If the employee desires to inspect documents, the deferice statement should be submitted within 10 days after completion of inspection of documents.

(i) The employee has to state whether he wishes to be heard in person.

(J) The employee has to furnish the names and addresses of the witnesses, if any, whom he wishes to call in support of his defence.

(k) The employee is informed that an inquiry will be held only in respect of those articles of charge which are not admitted. Therefore, the Charged Official should specifically admit or deny each articles of charge.

(L) The employee is also informed that if he failed to submit his defence statement within the specified period or failed to appear before the Inquiry Authority or failed to comply with the provisions of rules or orders or directions, the inquiring authority may hold the inquiry ex-parte.

(M) Warning to the employee that bringing or attempt to bring any political or other influence, is a violation of Rule 20 of Railway Service (Conduct) Rules, 1966 and action will be taken for the violation.

5.3. The Defence Helpers may be nominated subject to the following restrictions:

SNo	Details of defence helper	Cases not more than
(a)	Serving railway servant	3 cases
(b)	Retired railway servant	7 cases
(c)	Official of a recognized Trade Union	-no limit-

5.4. The employee can request permission to inspect and take extracts from the records for the Purpose of preparing his defence within 10 days from the date of receipt of charge sheet and complete the inspection within 10 days thereafter and shall state whether he desires to be heard in person.

5.5. The employee in his defence sfatement has to admit or deny the charges specially for each articles of charge and can submit a list of witnesses to be examined ort his behalf.

5.6. On receipt of defence statement from the employee, the Disciplinary Authority shall consider the same in detail.

5.7. If the charges are admitted by the employee, the Disciplinary Authority shall record his findings on each charge and impose penalty.

5.8. If the Disciplinary Authority is of the opinion that the imposition of major penalty is not necessary, the proceedings may be dropped, without prejudice to his right to impose any of the minor penalty.

5.9. If the Disciplinary Authority decides to proceed with the inquiry into such of the articles or charge as are not admitted, the Disciplinary Authority may inquire himself or by an order in writing, appoint an inquiring authority in Standard Form No.7 and also appoint a Presenting Officer in Standard Form No.8 to present the case in support of the articles of charge. Where no Presenting Officer is appointed, the Inquiring Authority will perform the functions of Presenting Officer. In practice, except in Vigilance cases, normally Presenting Officers are not appointed.

5.10. The DA shall forward the following to the Inquiring Authority:

(a) A copy of articles of charge and the statement of the imputations of misconduct or misbehaviour,

(b) A copy of the written statement of defence, if any, submitted by the employee,

(d) Evidence proving the delivery of the documents to the employee,

(e) A copy of the order appointing the Presenting Officer, if any,

(f) A copy of the list of witnesses, if any, furnished by the employee.

5.11. Inquiry is not necessary for imposition of penalty in the following cases:

(a) Where charges are admitted without any qualifications;

(b) Due to conviction of the employee on a criminal charge;

reasonable practicably to hold an inquiry, (d) Where the President is satisfied that in the interest of the security of the State, it is not expedient to hold an inquiry.

5.12. Conducting of Inquiry/Ex-parte Inquiry.

5.13. After completion of the inquiry / ex-parte inquiry, the Inquiring Authority shall

forward the following to the Disciplinary Authority:

a) Inquiry Report,
b) Written Statement of Defence submitted by the Charged Official, if any. c) Oral and Documentary evidence produced in the course of inquiry,
d) Written brief of the Presenting Officer and Charged Official,
e) Orders, if any, made by the Disciplinary Authority in regard to the inquiry.

5.14. Action on the Inquiry Report (Rule-10):

If the Disciplinary Authority after considering the Inquiry Report, is of the opinion that further examination of any of the witnesses necessary in the interests of justice, for reasons to he recorded in writing remit the case to the Inquiry Authority for further inquiry and to submit report.

The Disciplinary Authority shall forward or cause to be forwarded a copy of the Inquiry Report to the employee, who shall be required to submit, if he so desires, his written representation within 15 days.

The Disciplinary Authority shall consider such representation of the employee and record its findings on all or any of the articles of charge and impose penalty. It is not necessary to give the employee any opportunity of making representation on the penalty to be imposed.

5.15. TIME SCHEDULE FOR FINALISATION OF MAJOR PENALTY

S. No.	Stages in the disciplinary proceedings	Time laid down in the D&AR	Time limit where no time limit laid down in the D&AR	Remarks
(1)	Issue of charge sheet
(2)	Inspection of documents and taking extracts & asking for additional documents	20 days
(3)	Defence statement and also nomination of Defence Helper is not already done	10 days	10 days	10 more days may be given at the discretion of DA
(4)	Decision of the DA to hold inquiry after considering defence statement		10 days
(5)	Date of inquiry to be fixed after completion preliminaries of	20 days		Even a maximum of 30 days allowed in the rule
(6)	Completion of inquiry and submission of Inquiry Report to the Disciplinary Authority		60 days
(7)	Decision of Disciplinary Authority and issue of Penalty Advice		20 days
		50 days	100 days	Total 150 days

CONDUCTING OF INQUIRY

6.1. ROLE OF INQUIRING AUTHORITY

The Inquiring Authority should conduct the inquiry by observing the relevant D&A rules at every stage. All reasonable opportunities should be given to the Charged Official to defend himself and the principles of Natural Justice be followed. The Inquiring Authority should not be biased in favour of the prosecution or the Charged Official.

6.2. PROCEDINGS PRIOR TO HEARING

On receipt of documents from the Disciplinary Authority, the Inquiring Authority has to verify whether all the documents are intact. Missing documents, if any, are to be collected from the Disciplinary Authority before conducting the inquiry.

6.3. PRELIMINARY HEARING

The Inquiring Authority shall send a notice to the Charged Official, within 10 days from the date of receipt of documents from the Disciplinary Authority, asking him (a) to present himself for preliminary hearing, mentioning the place, date and time with his Defence Helper, if any, (b) to inform the name of the Defence Helper. However, the preliminary hearing should not be adjourned on the plea of absence of the Defence Helper, unless his nomination is yet to be approved by the Disciplinary Authority.

The Inquiry Authority will also inform the Presenting Officer, if any, about the Preliminary Hearing. The purpose of preliminary hearing is to sort out preliminaries and to arrange for inspection of documents by the Charged Official, if necessary.

During preliminary hearing, the Charged Official should be asked by the Inquiring Authority –

(a) Whether he has received the charge sheet;

(b) Whether he has understood the charges;

(d) Whether he has inspected the documents listed in the charge sheet;

(e) Whether he wants some additional documents;

(f) Whether he wishes to produce some defence documents/witnesses

If the Charged Official requests for production of additional documents during the inquiry and if in the opinion of the Inquiring Authority, some or all of the documents are not relevant to the case, then the Inquiring Authority has to record in writing his reasons for refusal and advise the Charged Official accordingly.

The Inquiring Authority may also ask questions for clarification, if necessary. The ails of the deposition by the witnesses will be recorded by the Inquiring Authority and the ness concerned have to sign on every page of his deposition.

When the examination of Prosecution Witnesses are over, the Inquiring Authority will ask Charged Official to state his defence orally or in writing. If the Charged Official submits his ence in writing, every page should be signed by the Charged Official. If the Charged Official fers his defence orally, it shall be recorded and signed by the Charged Official. A copy of defence statement should be given to the Presenting Officer. The above proceedings are orded and signed by the inquiring Authority, Presenting Officer, Charged Official, Defence per and Witnesses.

ADDITIONAL EVIDENCE

Before the close of the prosecution case, the Inquiring Authority may, at his discretion, y allow the Presenting Officer to produce new evidence which is not included in the list given he Charged Official. The Inquiring Authority may himself call for new evidence or recall and xamine any witness. In such a case, the Charged Official will be given a copy of such dence, an adjournment of at least 3 clear days and an opportunity for inspecting relevant cuments. Either party should avoid to recall a witness or produce further evidence to fill up gap in evidence. New evidence may be introduced only where there is a inherent lacuna or ect in the evidence originally produced.

HOSTILE WITNESS

During examination-in-chief, if the Prosecution Witness tums hostile and adverse to the secution and knowingly not telling the truth, the Presenting Officer may request the mission of the Inquiring Authority to declare that witness as hostile and to cross-examine 1. In such a situation, the Presenting Officer may put leading questions to the witness to ng out the truth. The Inquiring Authority may also ask questions as he thinks fit.

TENDERING A WITNESS

Tendering a witness means the Presenting Officer offers a witness for Cross amination without himself asking any questions. However, he retains the right of re-amination. Tendering is useful in case a witness who is not being relied upon by the senting Officer but defence wishes to cross examine him.

EXAMINATION OF DEFENCE WITNESSES

The evidence on behalf of the Charged Official shall then be produced. Then the fence Witnesses produced by the Charged Official and examined by the Defence Helper. e Presenting Office can cross-examine the Defence Witnesses. The Defence Helper can examine the witnesses on any point on which they have been cross-examined, but not on y new matter without the permission of the Inquiring Authority.

The Charged Official cannot be forced to give his evidence. However, if he offers nself as his own witness, he can be examined by the Defence Helper and cross-examined by Presenting Officer. If the Charged Official has not offered himself as a witness, the Inquiring thority shall examine him generally to enable him to explain any circumstances appearing in a evidence against him.

Thereafter, the inquiring Authority will fix regular inquiry on a date not later than 30 days at a convenient place and issue a notice to the Presenting Officer, Charged Official and Defence Helper.

6.4 DAILY ORDER SHEET

The Inquiring Authority has to maintain a Daily Order Sheet which is the record for all the proceedings transacted by him on day today basis in the course of the inquiry. The facts relating to notices sent, taking on record the documents, requests / representations made by either party and the decision of the Inquiring Authority thereon and the examination / cross-examination undertaken should be mentioned in the Daily Order Sheet. The Daily Order Sheets should be dated and signed by the Inquiring Authority, Presenting Officer, Charged Official and Defence Helper and serially numbered. The Daily Order Sheet indicates whether reasonable opportunity has been given to the Charged Official, whether the procedure prescribed in the rules has been followed, etc.

6.5. REGULAR HEARING

The Inquiring Authority should start regular hearing on the day fixed. Once the regular hearing starts, the case should be heard on day today basis.

6.6. COMMENCEMENT OF INQUIRY

On the date fixed for inquiry the Inquiring Authority should ensure before actual commencement of the inquiry, the presence of all concerned, viz. the Presenting Officer, Prosecution Witnesses, Charged Official, Defence Helper, Defence Witnesses, Typists/Stenographers. After ensuring the presence of all mentioned above, the inquiring Authority directs the Presenting Officer to briefly narrate the case and to read out the articles of charge made against the Charged Official, then the inquiry proceeding is commenced. If there is no Presenting Officer, then the Inquiring Authority will commence the proceedings by reading out the articles of charge.

6.7. EXAMINATION OF PROSECUTION WITNESSES

The Prosecution Witnesses by whom the articles of charge proposed to be sustained are to be examined by the Presenting Officer. The witnesses are to examined one by one. The Presenting Officer should examine the witnesses in examination-in-chief in a logical and understandable manner. No leading questions, which suggest a definite answer, should be asked.

After Presenting Officer’s examination is over, the witnesses may be cross-examined by the Defence Helper. This is intended to remove discrepancies and to prove the reliability or otherwise of the witnesses. The Inquiring authority will see that the witnesses have understood the questions properly and are protected against unfair treatment. The Inquiring Authority will disallow such questions during the cross examination if it is irrelevant.

After the cross-examination is over, the Presenting Officer can re-examine the witnesses on any point on which they have been cross-examined but not on any new matter unless specifically allowed by the Inquiring Authority. In that case, the Defence Helper will also have the right to further cross-examine the witnesses.

6.12. WRITTEN BRIEFS

After the production of evidence is completed the Inquiring Authority may allow the Presenting Officer and the Charged Official to file written briefs as a final presentation of their respective cases. The Presenting Offiber’s written brief should be obtained first and a coov given to the Charged Official to enable him to present his brief.

6.13. CHANGE OF INQUIRY AUTHORITY

Whenever an Inquiry Authority after having heard and recorded the whole or part of the evidence in an inquiry ceases to function as Inquiring Authority, and is succeeded by another Inquiring Authority may act on the evidence already recorded by his predecessor in full or part and also call for further examination as considered necessary. It is not necessary that the successor should hold the inquiry de-novo. However, if the succeeding Inquiring Authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, he may recall, examine, cross-examine and re-examine any such witnesses.

VII. EX-PARTE INQUIRY

When the Charged Official fails, omits, or refuses to be present himself during the inquiry proceedings, despite proper notice to him, the inquiry may be conducted ex-parte. Ex-parte inquiry can be held only when it is established that the charge sheet had been delivered or cause to be delivered.

7.1. EX-PARTE INQUIRY HELD JUSTIFIED IN THE FOLLOWING:

a) Where the Charged Official does not submit the defence statement within the due date;
b) Where the Charged Official does not attend the inquiry proceedings at all;
c) Where the Charged Official attending the inquiry proceeding but nonco-operating:
d) Where the CO attending the inquiry proceedings but creating obstructions and hurdles;
e) Where the CO fails to comply with the provisions of D&A Rules;
f) Where the CO asked for mercy without producing any evidence.

7.2. EX-PARTE INQUIRY HELD NOT JUSTIFIED IN THE FOLLOWING:

a) Where the charge sheet was not delivered to the Charged Official;
b) Where the Charged Official requested for inspection of prosecution documents before the inquiry started but the Inquiry Authority postponed his request by informing that it could be offered later on;
c) Where the Charged Official refused to participate in inquiry when he was not allowed to access important defence document.

7.3. PROCEDURE FOR CONDUCTING EX-PARTE INQUIRY

An ex-parte proceeding shall not mean that the Charged Official is in fact guilty. In the ex-parte proceedings the various provisions prescribed for conducting inquiry have to be complied with

7.4. PRELIMINARY HEARING

The Inquiry Authority should inform the Charged Official to inspect the documents in support of the charges and also to submit his list of defence documents and witnesses by the prescribed date. The Inquiring Authority should hold the preliminary hearing in usual manner when the Charged Official failed to attend the inquiry. The record of proceedings be sent to the Charged Official.

7.5. REGULAR HEARING

The Inquiring Authority should fix dates for regular hearing and send intimation to the Charged Official. The Presenting Officer have to act in the normal manner. The Inquiring Authority may call upon the Presenting Officer to present the evidence by which the articles of charge are to be sustained.

7.6. EXAMINATION OF WITNESSES

The witnesses have to be examined in accordance with the prescribed procedure. In the absence of Charged Official and Defence Helper, the responsibility of the Inquiring Authority is more. The Presenting Officer has to ask questions during examination-in-chief. He should not ask any leading question. His attitude must be of an impartial officer just obtaining facts from the Prosecution Witnesses.

7.7. FULL OPPPORTUNITY TO THE CHARGED OFFICIAL

Even in case of ex-parte inquiry a copy of record of the day-to-day proceedings of the inquiry and notices for the hearing should be sent to the Charged Official regularly so that he is aware of what has transpired during the proceedings and this also enables him to join the proceedings at any stage, if he desires. This procedure should be complied with invariably and Inquiry Officer should ensure that full opportunity is provided to the Charged Official to defend himself.

7.8. RIGHT OF CHARGED OFFICIAL TO ATTEND INQUIRY FROM ANY STAGE

The Inquiring Authority can allow the Charged Official to participate in the proceedings at any state but it shall not be necessary to repeat the proceedings already taken lawfully. However, copies of the deposition of witnesses examined in absence of the Charged Official may be supplied to him.

7.9. EXAMINATION OF CHARGED OFFICIAL

After all the evidence have taken on record, the Charged Official has to be examined as per the normal procedure. For this purpose, the Inquiring Authority should send a specific

intimation to the Charged Official. But, the Charged Official does not turn up for his examination despite the Inquiring Authority may proceed further.

7.10. WRITTEN BRIEF

The Presenting Officer has to file written brief with a copy to the Charged Official so that the Charged official has an opportunity to file his written brief. The Inquiring Authority has to send the copies of deposition of witnesses, Daily Order Sheets to the Charged Official and ask him to send his representation.

7.11. EVALUATION OF EVIDENCE

The Inquiring Authority has to take extra caution in drawing his conclusions. The Inquiry Authority has to assess all available evidence, documentary or oral and draw his conclusions. Hence the findings of the ex-parte proceeding shall be based on the due consideration of the evidence, whatever is available.

VIII. PRINCIPLES OF NATURAL JUSTICE

8.1. The PNJ require that the Charged Official should have a fair opportunity of defending himself and of adducing all the evidence which is considered relevant.

8.2. VIOLATION OF PNJ

Principles of Natural Justice may be held to have been violated in the following cases:

(a) Where the inquiry is confidential,

(b) Where it is ex-parte, when the Charged Official is willing to participate in the inquiry,

and non-supply of such documents,

(d) Where all witnesses are examined in the absence of Charged Official,

(e) Where the material evidence and defence witnesses are not allowed to be produced,

(f) Where the documents for defence are not allowed to be produced, (g) Where the Prosecution Witnesses are not allowed to be cross-examined,

(b) Where the Charged Official has not been allowed sufficient time to answer the charges,

(i) Where the Inquiring Authority has a personal bias against the Charged Official,

(1) Where the procedures laid down were not followed properly.

REPORT WRITING

9.1. For easy identification and reference, marking will be done as detailed below:

a) Prosecution Witnesses PW-1, PW-2, PW-3
b) Defence Witnesses DW-1, DW-2, DW-3…
c) Prosecution Documents S-1, S-2, S-3…
d) Defence Documents D-1, D-2, D-3…

9.2. REPORT WRITING

After the final sitting of the inquiry proceedings is completed, a report shall be prepared by the Inquiring Authority and it shall contain the following:

a) Introduction
b) Conduct of Inquiry
c) Discussion of Oral and Documentary evidences
d) Assessment and Analysis of evidence
e) Summary of Findings on the Articles of Charge.

9.2.1. INTRODUCTION

The details of Articles of Charge and the Statement of imputations of misconduct or misbehaviour in support of the Articles of Charge framed as given in the Charge Sheet should be reproduced.

9.2.2. CONDUCT OF INQUIRY

(a) Acknowledgement of Charge Sheet by the Charged Official

(b) Appointment of Inquiry Authority & Presenting Officer

(d) Details of Regular Hearing

(e) Details of examination of witnesses

(f) Written briefs

9.2.3. DISCUSSION OF ORAL & DOCUMENTARY EVIDENCES

The deposition of witnesses and documentary evidences which are relevant to the charges framed should be mentioned.

9.2.4. ASSESSMENT AND ANALYSIS OF EVIDENCE

The following details to be incorporated:-

(a) Articles of Charge

(b) Statement of imputations

(1) Reply to the Charge Sheet

(ii) Statement of defence during inquiry

(iii) Clarifications to the Inquiring Authority

(iv) Defence brief in respect of charges

9.2.5. SUMMARY OF FINDINGS ON THE ARTICLES OF CHARGE

The findings on each charges to be given.

INTRODUCTION TO DAR