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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.
Madhya Pradesh High Court Cites 10 - Cited by 0 - S Dwivedi - Full Document

K.C. Bhargava vs The State Of M.P on 17 July, 2012

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 10 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.
Madhya Pradesh High Court Cites 7 - Cited by 4 - K K Trivedi - Full Document

The State Of Madhya Pradesh vs Rammilan Pandey on 27 January, 2025

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 Signature Not Verified Signed by: PREMSHANKAR MISHRA Signing time: 1/29/2025 11:01:58 AM NEUTRAL CITATION NO. 2025:MPHC-JBP:4040 8 WA-1730-2023 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.
Madhya Pradesh High Court Cites 8 - Cited by 0 - Full Document
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