SURRENDER KUMAR Vs. UOI & ORS.

JUDGEMENT

(1.) Rule 36 (5) (c) of the CISF Rules, 2001 reads as under:-

(2.) Concededly the Rules were amended with effect from June 09, 2003 and afore noted clause (c) in sub-Rule 5 was inserted. The charge memorandum was issued to the deceased petitioner on Dec. 31, 2003 when clause (c) in sub-Rule 5 of Rule 36 was operative.

(3.) Yet in spite thereof the presenting officer was not appointed and the record shows to us that the witnesses were examined by the Inquiry Officer on his own. He has even put questions to the witnesses to elicit response which goes beyond seeking clarificatory questions. The Inquiry Officer has cross-examined the solitary defence witness examined by the deceased petitioner.