CONDUCT, DISCIPLINE AND APPEAL RULES 2006 - BSNL ...

(8) (a) An employee may take the assistance of any other public servant/retiredemployee of DoT/BSNL but may not engage a legal practitioner for thepurpose, unless the presenting officer appointed by disciplinary authority is alegal practitioner or, the disciplinary authority having regard to circumstancesof the case so permits.(b) The employee shall not take the assistance of any public servant/retiredemployee of DoT/BSNL who has seven pending disciplinary cases on hand inwhich he has to function as Defence Assistant.(c) An employee against whom disciplinary proceedings are pending under theseRules shall not be entitled to assist another employee in disciplinaryproceedings under these rules till the completion of such proceedings.(9) If the employee does not plead guilty, the Inquiring Authority shall adjourn the case toa later date not exceeding thirty days, after recording an order that the employee may,for the purpose of preparing his defence :(a)(b)(c)Inspect the documents listed with the charge-sheet:Submit a list of additional documents that he wants to examine; andbe supplied with the copies of the statement of witness, if any, listed in thecharge-sheet.Note: Relevancy of the additional documents referred to 9 (b) and the copies of statements ofwitnesses referred to in sub-rule 9 (c) above will have to be given by the employee concerned,and the documents and witnesses shall be summoned if the Inquiring Authority is satisfiedabout their relevance to the charge under inquiry.(10) The Inquiring Authority shall, on receipt of the notice for the discovery or productionof documents, forward the same or copies thereof to the authority in whose custody orpossession the documents are kept, with a requisition for the production of thedocuments by such date as may be specified in the requisition:Provided that the Inquiring Authority may, for reasons to be recorded by it in writing, refuseto requisition such of the documents as are, in its opinion, not relevant to the case.(11) The authority, in whose custody or possession the requisitioned documents are, shallarrange to produce the same before the Inquiring Authority on the date, place and timespecified in the requisition notice:Provided that the authority having the custody or possession of the requisitioned documentsmay claim privilege, for reasons to be recorded by it in writing, if the production of suchdocuments will be against public interest or the interest of the Company. In that event, it shallinform the Inquiring Authority accordingly. The Inquiring Authority shall, on being so informed,communicate the information to the employee and withdraw the requisition.(12) On the date fixed for the inquiry, the oral and documentary evidence by which thearticles of charge are proposed to be proved shall be produced by or on behalf of theDisciplinary Authority. The witnesses shall be examined by or on behalf of thePresenting Officer and may be cross-examined by or on behalf of the employee. ThePresenting Officer shall be entitled to re-examine the witnesses on any points on whichthey have been cross-examined, but not on a new matter, without the leave of theInquiring Authority. The Inquiring Authority may also put such questions to thewitnesses as it thinks fit.29BSNL CDA RULES 2006 (Updated upto 24-01-2013)