1. When and under what circumstances new evidence is permitted?
i. New evidence is permitted when there is inherent lacuna or defect in the evidence which has been produced originally and not permitted to fill up any gap in the evidence.
ii. New evidence is permitted is necessary in the interest of justice.
2. In how many cases, a retired Government servant can appear as Defense Assistant?
i. Retired Government servant can appear as Defense Assistant in Seven cases at a time.
3. What is ‘bias petition’ against the inquiry Officer?
i. When the charged official brings any allegation against the inquiry authority in the course of an inquiry connected to his inquiry or where a representation has been made by the charged official against the appointment of a particular inquiry authority is treated as ‘bias’ petition against the inquiry officer.
4. What action is to be taken by the inquiry Authority when the charged official moves an application moves an application of bias against inquiry officer?
i. Application of bias should be forwarded to the Disciplinary Authority.
ii. If the application of bias is rejected by the Disciplinary Authority. It is open to the delinquent official to prefer an appeal to the Appellate Authority.
iii. The disciplinary proceeding should be stayed by the inquiry Authority until the receipt of appropriated orders from the Disciplinary Authority/ Appellate Authority.
5. What are the actions to be taken by the Disciplinary Authority against absconding officials?
The competent Disciplinary Authority may take the following actions:
i. A certificate should be obtained from the local police authorities to the effect that the whereabouts of the officials concerned are not known. The certificate should be placed on record in the concerned file.
ii. A brief statement of allegations and charges should be prepared and kept on the file.
iii. The Disciplinary authority should record on the file the reasons for not holding inquiry under Rule 14 of CCS CCA Rules, 1965 and he can take to recourse to Rule 19 to CCS CCA Rules, 1965
iv. The Disciplinary Authority should issue orders imposing such penalty as deemed fit. Normally in such cased, the punishment would be either removal or dismissal from service.
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