Accessing Witness Records and Selection Criteria in a Rule 14 Disciplinary Inquiry

In a Rule 14 disciplinary case under the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (CCS CCA Rules), the selection and summoning of a State Witness must follow clear guidelines. Witness records and relevance play a crucial role in ensuring a fair inquiry process.

How to Know If Your Statement Has Been Recorded?

1. Refer to the Notification from the Inquiry Officer (IO):
   • If you have been called as a State Witness, the notification might include details about the charged official and the case background.
   • Carefully check if your name appears as a witness.
2. Verify Preliminary Investigation Records:
   • If your statement was recorded during the preliminary investigation, it will be available in the inquiry records.
   • During the hearing, the Presenting Officer (PO) may show records related to your statement.
   • You must recall your previous statement and be prepared to answer questions based on it.
3. Official Case File Access:
   • The inquiry file contains statements recorded by the Preliminary Investigation Officer (PIO).
   • You may request access to your previous statement through the Inquiry Officer (IO) or the Presenting Officer (PO) if necessary.

How to Access Inquiry Records?

• Through the Inquiry Officer (IO):
  • The IO has custody of all official records and may allow witnesses to review relevant portions before testifying.
• Via the Presenting Officer (PO):
  • The PO, representing the disciplinary authority, may provide access to specific documents that form part of the case.
• By Official Request:
  • If you need to verify your recorded statement, you may submit a request to the disciplinary authority overseeing the case.

Key Parameters for Calling a State Witness

The Inquiry Officer (IO) and Presenting Officer (PO) must ensure that witnesses are called based on the relevance, necessity, and fairness of their testimony.

1. Relevance to the Charge Sheet: The witness must have direct knowledge of the alleged misconduct.Their testimony should either support or refute the charges. Hearsay or unrelated witnesses should not be called.
2. Official or Documentary Evidence: Witnesses may be required to produce or verify official records. If the case involves financial or procedural lapses, departmental experts (e.g., finance, audit, administration) may be summoned.
3. Role in the Incident: The witness may be a direct observer, complainant, or affected party. If the case involves procedural violations, a reporting officer or subject-matter expert may be necessary.
4. Approval by the Inquiry Officer (IO): The PO must justify why a particular witness is needed. The IO has the discretion to approve or reject witnesses if their testimony is irrelevant or redundant.
5. Avoiding Bias and Duplication:Witnesses should not have any personal bias or conflict of interest in the case. Repetitive testimony from multiple witnesses may be avoided unless each provides unique insights.
6. Examination and Cross-Examination Rights: The Presenting Officer (PO) examines the witness first. nThe charged officer (or defense assistant) then cross-examines them.The IO ensures fair questioning and accurate recording of the testimony.
7. Summoning and Presence: Witnesses are summoned via official notice from the IO.If an important witness is unavailable, their written statement may be admitted with proper justification.

Process of Calling a State Witness in a Rule 14 Inquiry

1. Proposal by Presenting Officer (PO): The PO submits a formal request to the IO to summon specific witnesses.
2. Approval by Inquiry Officer (IO): The IO reviews the request and approves witnesses based on relevance.
3. Issuance of Summons: Official notices are sent to witnesses, informing them of the hearing date.
4. Examination and Cross-Examination: Witnesses are examined first by the PO and then cross-examined by the defense.

Understanding how witnesses are selected and how records can be accessed is crucial for maintaining transparency in Rule 14 disciplinary proceedings. If you are called as a State Witness, you should verify whether your statement has been recorded, review related documents, and be prepared for examination and cross-examination. The Inquiry Officer ensures that only relevant witnesses are summoned, preventing unnecessary or biased testimonies in the case.