DELAY & DILATORY TACTICS - HOW TO DEAL WITH THEM?

1. DELAY & DILATORY TACTICS- HOW TO DEAL WITH THEM?

2. 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

3. 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

4. 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.

5. 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.

6. 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)

7. 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

8. 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)

9. 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

10. 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

11. THANKS