Rammilan Pandey vs The State Of Madhya Pradesh on 10 February, 2023
Placing reliance in the case of Shishir Raizada
Vs. Union of India and others [2008 (2) MPWN
59], this Court has held that the Presenting Officer
appointed under Rule 14(5)(c) of the CCA Rules,
is in fact a person appointed like prosecutor and a
person who has to prove the misconduct before the
Enquiry Officer. It is the Presiding Officer, who
conducts the chief examination of the prosecution
witnesses as well as the cross examination of the
defence witnesses. It is again the Presenting
Officer, who conducts the cross examination of the
delinquent Government servant in order to arrive
at a finding of guilt. Thus, the opinion is expressed
by this Court that in case the Presenting Officer is
not appointed and the Enquiry Officer has
conducted the chief examination and has
conducted the cross examination of defence
witnesses as well as cross examination of the
delinquent Government servant, the Enquiry
Officer in fact has played the role of the
prosecutor.