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DELAY & DILATORY TACTICS - HOW TO DEAL WITH THEM?. Why Avoid Delays?. Justice Delayed is Justice Denied Punish the Guilty expeditiously to act as deterrent Exonerate innocent so that he is not harassed and his efficiency does not suffer. Who Can Delay?. Delay can be due to actions of
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Why Avoid Delays? • Justice Delayed is Justice Denied • Punish the Guilty expeditiously to act as deterrent • Exonerate innocent so that he is not harassed and his efficiency does not suffer
Who Can Delay? • Delay can be due to actions of • Investigating Officer • Disciplinary Authority • Inquiring Authority • Presenting Officer • Charged official / Defence Assistant • Delay to be avoided but not at the cost of Fair Play and the principles of natural justice • No summary trial to cut down delays
Investigating Officer • Serious allegations to be investigated expeditiously • Nature of complaint, qualifications & attitude of officer, number of cases in hand to be kept in view while entrusting case for investigation to an officer. • Priority of Investigation to be indicated to the Investigating Officer • Investigating officer should plan his work to avoid wasting time in frequent travel • Three to six months time.
Disciplinary Authority • Delay in considering Preliminary investigation report. • Delay in framing and issue of charge sheet. Unexplained delay in the issue of charge sheet can be a ground for quashing the chargesheet. • Chargesheet not framed with due care • Delay due to demand for inspection of listed documents, statement of listed witnesses – Photocopies/inspection (15 days time) • Delay in considering report of I.O. • Delay in issuing final orders.
Inquiry Officer • Delay in fixing Preliminary Hearing • Postponement of Preliminary Hearing as DA is not appointed or other reasons • Inspection of listed documents (5+5 days) • List of additional documents (10 days) • Seeking permission from Controlling authority of DA (IO to render assistance) • Regular hearing – no postponement without valid reasons. • Inform witnesses and their controlling authority well in time. • Filing of Brief – maximum 10 days to each party. • Writing Inquiry Report – (10 days)
Charged official / DA • Written statement of defence • Supply photo copies of listed documents • Supply photocopies of statement of listed witnesses • Mention in the Memorandum that he can inspect documents within 15 days period • Representation of biasness against I.O. • Stop inquiry till representation is decided by the revisionary authority • To be raised early • Common proceedings – call for applications from others also
Charged official / DA • Inspection of Documents • Adhere to time limits laid under Rule 14(11) of CCS (CCA) Rules, 1965 • Settle schedule in PE indicating to the CO to submit list of additional documents with full particulars • Appointment of DA • Insist on Certificate from nominated person (serving or retired)
Charged official / DA • Regular Hearing • On day to day basis • No adjournment on flimsy grounds • No appeal against orders of I.O. • Stay order by the Courts • No stay of inquiry till definite stay order is received
Charged official / DA • Medical Certificate • From Authorised Medical Attendant • Next date immediately after expiry of medical leave • If medical leave extended fix next date after the expiry of extended period • Write to Disciplinary Authority for referring official for second medical opinion