https://www.taxtmi.com/caselaws?id=282834 Non-appointment of a Presenting Officer in a departmental inquiry does not, by itself, invalidate the proceedings because Rule 9(9)(c) of the Railway Servants (Discipline & Appeal) Rules, 1968 is enabling and discretionary. The Inquiry Officer may ask questions to clarify the record, but only so long as he remains an impartial adjudicator and the delinquent employee has a fair opportunity to meet the case. If the Inquiry Officer conducts examination-in-chief, advances the employer's case through leading questions, and cross-examines defence witnesses, he assumes the role of prosecutor and the inquiry is vitiated for bias and breach of natural justice. en-us Thu, 05 Aug 2004 00:00:00 +0530 Tue, 27 Aug 2019 16:21:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=282834 Non-appointment of a Presenting Officer in a departmental inquiry does not, by itself, invalidate the proceedings because Rule 9(9)(c) of the Railway Servants (Discipline & Appeal) Rules, 1968 is enabling and discretionary. The Inquiry Officer may ask questions to clarify the record, but only so long as he remains an impartial adjudicator and the delinquent employee has a fair opportunity to meet the case. If the Inquiry Officer conducts examination-in-chief, advances the employer's case through leading questions, and cross-examines defence witnesses, he assumes the role of prosecutor and the inquiry is vitiated for bias and breach of natural justice. Case-Laws Indian Laws Thu, 05 Aug 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=282834