Broadly speaking, in departmental (domestic) inquiries, the Presenting Officer has a duty to perform fact-finding exercises to reach the truth in respect of elements of misconduct, committed by the Charged Official. Though, the departmental enquiry in industrial law is not equated with the proceedings before the courts of law, it has essential condition to the legality of the disciplinary order which shall be held according to the principles of natural justice. The proper role for the Presenting Officer is to assist the inquiring officer for which he needs to conduct the inquiry to the best of his ability fair in all respects and presents the same to inquiring officer in correct perspective. The inquiry officer on his part has a duty to act judicially because the charges of misconduct, if proved will result not only in deprivation of livelihood of the workman but will also attach stigma to his character.
Generally, a ‘Presenting Officer’ performs following activities in a case of departmental enquiry.
- To collect all the original records related to evidences of misconduct committed by the Charged Official.
- To study those records collected by him and understand the elements of facts on which the case has to be built.
- To organize listed documents and statements of witnesses brought on record during the investigation and produce the same before the Inquiry Officer.
- To prepare a reasoned report of inquiry covering his pointed findings along with the items of oral or documentary evidence of allegation of misconduct irrespective of whether the charges are proved or not proved.
- If a document is admitted by the charged official, it can be produced by a person in possession of it. In case, the contents of any documents are not admitted by the charged official, the person who prepared it or maintained it must appear as a witness so that the Charged Official can cross-examine him.
- To scrutinize the charge sheet framed as well as the defence statement and drop unnecessary formal witnesses at the time of preliminary hearing.
- To lead in a logical manner, the oral evidence before the Inquiry Officer in support of the charge.
- It would be appropriate for Presenting Officer to meet the departmental witnesses who are to be examined at the enquiry beforehand and refresh their memory by referring to their statements recorded at the time of investigation.
- He must supply the copies of documents in support of the charges and allow inspection of the originals to the charged employee only when so directed by the Inquiry Officer.
- He must be familiar with the points which are generally raised by the defence, such as mala-fides, natural justice and burden of proof etc. and equip himself fully how to counter them during cross examination. He may with the permission of the Inquiry Officer, even argue the case orally.
- He may also bring fresh evidence or additional evidence not mentioned in the charge sheet with the permission of Inquiry Officer to clarify some issues raised in the course of the inquiry. This is done after all the witnesses are examined and before the defence arguments begin.
- It is a general practice to examine the Charged Official after the evidence has been recorded. The purpose is to get clarifications from the Charged Official on the evidence against him.
- During the inquiry proceedings, the presenting officer shall take down notes to ensure that none of the points of the hearings shall be left out. This will also help him to consolidate all the points during cross examination/re-examination*. It would further help him in preparing the brief at the end.
- To submit his written brief, summing up the case, with a copy to the charged official after all evidence has been recorded in the case.
The Presenting officer must have in-depth knowledge of departmental policies and procedures. Further, he must be able to conduct himself impartial throughout the proceeding in such a way that Charged Official shall not have the feeling that he has undue influence over the inquiring authority.
* Under section 137 of evidence act, the examination of witness takes place in three stages, namely, Examination-in-chief, Cross-examination and Re-examination.
The examination of a witness by the party who calls him shall be called his examination in-chief.
Cross-examination- The examination of a witness by the adverse party shall be called his cross-examination.
Re-examination- The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.
