RBE No. 88/1986: D&A Rules – Rule 9(22) – Presenting Officer’s Brief – Procedure

No.E(D&A)86 RG6-42, dated 09.05.1986

Sub: Procedure to be followed under Rule 9(22) of RS (D&A) Rules, 1986 – Serving of a copy of the Presenting Officer’s brief to the delinquent Railway servant.

Presenting Officers are normally appointed only in Railway Vigilance/ SPE cases. It has been repeatedly stressed in training courses etc. that a copy of the written brief filed at the end of the enquiry by Presenting Officer should be supplied to delinquent officer before taking the latter’s brief, if any. Since an instance of breach of this requirement has recently come to the notice, it is requested that the contents of the enclosed Department of Personnel’s Office Memorandum No.11012/18/17-Estt.(A), dated 02.09.1978 may be brought to the notice of all concerned for information and guidance.

No.11012/18/17-Estt.(A) Government of India, Ministry of Home Affairs, Department of Personnel & Administrative Reforms. New Delhi, the 2nd September, 1978
Office Memorandum

Sub: CCS (CCA) Rules, 1965 – Procedure to be followed under Rule 14(19) thereof.

1. The undersigned is directed to say that according to rule 14(19) of the CCS (CCA) Rules, 1965 the inquiring authority, may after the completion of the procedure of evidence, hear the Presenting Officer if any, appointed, and the Government servant, or permit them to file written briefs of their respective cases, if they so desire. With reference to this rule, a question has been raised whether the written brief filed by the Presenting Officer should be made available to the accused Government servant before he files his own written brief. The matter has been examined in consultation with the Ministry of Law and the position is explained in the succeeding paragraph.
2. It will be seen from the phraseology of rule 14(19) that the inquiring authority has to hear arguments that may be advanced by the parties after their evidence has been closed. But he can, on his own or on the desire of the parties take written briefs. In case he exercises the discretion of taking written briefs, it will be but fair that he should first take the brief from the Presenting Officer, supply a copy of the same to the Government servant and then take the reply relief from the Government servant. In case the copy of the brief of the Presenting Officer is not given to the Government servant, it will be like hearing arguments of the Presenting Officer at the back of the Government servant. In this connection, attention is also invited to the judgment of the Calcutta High Court in the case of Collector of Customs v. Mohd. Habibul (SLR 1973 (1) Calcutta, 321) in which it is laid down that the requirement of Rule 14(19) of the CCS (CCA) Rules, 1965 and the principles of natural justice demand that the delinquent officer should be served with a copy of the written brief filed by the Presenting Officer before he is called upon to file his written brief.
3. Ministry of Finance etc. are requested to bring the above clarification to the notice of all concerned authorities and their control.

Download Railway Board Circular RBE No. 88/1986

Forward reference ⇒RBE No.