From
Smt C Gowsalya
LDC (under suspension)
Cantonment Board
Wellington 643 242
Tamil Nadu.
To
The Presenting Officer
Enquiry Committee &
Admn. Officer to CEO(OS)
Cantonment Board
Wellington 643 242
Tamil Nadu.
Respected Sir,
sub: summon to 'appear before the Enquiry Committee' - reg
ref: order of the Presenting Officer, Enquiry Committee no.Disciplinary/29/0S
dtd 5 March 2019.
I do hereby inform you, sir, that I will attend the inquiry referred above on the said date
and time, ie. on 11th March 2019 at 1100 hours at the specified venue.
I invite your kind attention to the following:
1) The said summon was issued neither by the Inquiry Officer nor by the Disciplinary
Authority who alone are competent to issue summons. Once an inquiry is constituted,
the Inquiry Officer alone is empowered to issue summons.
2) The Departmental inquiry in central government establishments and related other
organisations, statutory bodies etc is of quasi judicial nature and the Inquiry Officer
enjoys the powers of the judicial magistrate in respect of issuing summons to the witnesses.
Such constitutionally guaranteed powers vested with the Inquiry Officer should not be
usurped by the Presenting Officer.
3) I was ordered by the Presenting Officer to bring all documents in support of my defence.
I most humbly submit, sir, that making over the defence side documents to the
Presenting Officer would certainly weaken my case and it is unfair on the part of
the Presenting Officer to demand the defence side documents. I will submit all the
necessary documents, if any, to the Inquiry Officer in the inquiry when ordered
by the Inquiry Officer who alone is competent to ask for the documents.
4) The first sitting of the inquiry was scheduled to be held on 11th March.The only
purpose of the said sitting is to ascertain whether the charges are denied or accepted
either partly or wholly by the charged official. As per the rules, the inquiry is
mandatory if the charges are denied. I most humbly inform you, sir, that I will
certainly attend the said sitting of the inquiry only to deny the charges.
5) The charged official, ie myself should not be subjected to any examination by the
presenting officer in the inquiry since the defence assistant is not yet introduced
in the inquiry. As per the rules of the inquiry and according to the well established
practice in vogue, any examination or cross examination of the charged official
by anybody should be made only in the presence of the defence assistant.
6) The official against whom a charge sheet is issued and an inquiry ordered, is
entitled to engage a person as Defence Assistant to help the official in the inquiry.
It is unfair and unjust to deny the engagement of a Defence Assistant by the charged
official and such a denial is tantamount to denial of reasonable opportunity.
7) Therefore I pray your goodself to permit me to engage a defence assistant to
help me in the inquiry.
Thanking you,
Yours faithfully,
........................
(Smt C Gowsalya)
Station: Wellington
Date: 07 March 2019.
Copy to:
Shri..................................
Inquiry Officer and
..................................
Cantonment Board
Wellington 643 242
Tamil Nadu.
---------------------------------------------------------------------------------
Smt C Gowsalya
LDC (under suspension)
Cantonment Board
Wellington 643 242
Tamil Nadu.
To
The Presenting Officer
Enquiry Committee &
Admn. Officer to CEO(OS)
Cantonment Board
Wellington 643 242
Tamil Nadu.
Respected Sir,
sub: summon to 'appear before the Enquiry Committee' - reg
ref: order of the Presenting Officer, Enquiry Committee no.Disciplinary/29/0S
dtd 5 March 2019.
I do hereby inform you, sir, that I will attend the inquiry referred above on the said date
and time, ie. on 11th March 2019 at 1100 hours at the specified venue.
I invite your kind attention to the following:
1) The said summon was issued neither by the Inquiry Officer nor by the Disciplinary
Authority who alone are competent to issue summons. Once an inquiry is constituted,
the Inquiry Officer alone is empowered to issue summons.
2) The Departmental inquiry in central government establishments and related other
organisations, statutory bodies etc is of quasi judicial nature and the Inquiry Officer
enjoys the powers of the judicial magistrate in respect of issuing summons to the witnesses.
Such constitutionally guaranteed powers vested with the Inquiry Officer should not be
usurped by the Presenting Officer.
3) I was ordered by the Presenting Officer to bring all documents in support of my defence.
I most humbly submit, sir, that making over the defence side documents to the
Presenting Officer would certainly weaken my case and it is unfair on the part of
the Presenting Officer to demand the defence side documents. I will submit all the
necessary documents, if any, to the Inquiry Officer in the inquiry when ordered
by the Inquiry Officer who alone is competent to ask for the documents.
4) The first sitting of the inquiry was scheduled to be held on 11th March.The only
purpose of the said sitting is to ascertain whether the charges are denied or accepted
either partly or wholly by the charged official. As per the rules, the inquiry is
mandatory if the charges are denied. I most humbly inform you, sir, that I will
certainly attend the said sitting of the inquiry only to deny the charges.
5) The charged official, ie myself should not be subjected to any examination by the
presenting officer in the inquiry since the defence assistant is not yet introduced
in the inquiry. As per the rules of the inquiry and according to the well established
practice in vogue, any examination or cross examination of the charged official
by anybody should be made only in the presence of the defence assistant.
6) The official against whom a charge sheet is issued and an inquiry ordered, is
entitled to engage a person as Defence Assistant to help the official in the inquiry.
It is unfair and unjust to deny the engagement of a Defence Assistant by the charged
official and such a denial is tantamount to denial of reasonable opportunity.
7) Therefore I pray your goodself to permit me to engage a defence assistant to
help me in the inquiry.
Thanking you,
Yours faithfully,
........................
(Smt C Gowsalya)
Station: Wellington
Date: 07 March 2019.
Copy to:
Shri..................................
Inquiry Officer and
..................................
Cantonment Board
Wellington 643 242
Tamil Nadu.
---------------------------------------------------------------------------------
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