You have not specified about the category of the employee in respect of which you are asking this question.
As far as employees of the Central Government and the Central Public Sector Undertakings (PSUs) are concerned, there is a specific provision in the CVC Manual that an officer who made the preliminary investigation or inquiry into the case should not be appointed as Presenting Officer. The relevant rule in the CVC Manual (of the Central Vigilance Commission) is reproduced below for your information:
“7.21.8 Appointment of a Presenting Officer: The Disciplinary Authority which initiated the proceedings will also appoint simultaneously a Government servant or a legal practitioner as the Presenting Officer to present on its behalf the case in support of the articles of charge before the Inquiring Authority. Ordinarily a Government servant belonging to the Departmental set up who is conversant with the case will be appointed as the Presenting Officer except in cases involving complicated points of law where it may be considered desirable to appoint a legal practitioner to present the case on behalf of the Disciplinary Authority. An officer who made the preliminary investigation or inquiry into the case should not be appointed as Presenting Officer.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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