Can the Charged Officer be allowed to participate in the ex-parte inquiry at a later stage?

9. Can the Charged Officer be allowed to participate in the ex-parte inquiry at
a later stage?
Ex-parte inquiry, once commenced, does not amount to closing the doors for the
Charged Officer. This is only an enabling provision which provides for continuing with
the inquiry despite non-co-operation by the Charged Officer. It should not be
perceived as a penal provision for putting the Charged Officer to a disadvantage.
The Charged Officer who could not or intentionally did not attend a few hearings
does not lose his/her right of reasonable opportunity of defence. Accordingly, the
Charged Officer cannot be prevented from participating in the inquiry at a later stage.
There may be cases wherein the Charged Officer may try to put the clock back i.e.
the Charged Officer may like a witness to be recalled and cross-examined. Such
requests need to be considered on merit. If the Charged Officer provides sufficient

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satisfactory reason for non-appearance, the request for putting the clock may be
considered.
Thus the position can be summarized as under:
(a) Future participation is a matter of right of the Charged Officer
(b) Putting the clock back is a matter of discretion of the Inquiring Authority