Legal Question in Constitutional Law in India

examination of witnesses in departmental enquiries

I am a presenting Officer in a case where the chargesheeted employee is facing charges of fraud. The chargesheeted employee objected to the examination of management witnesses at two particular places citing life threat to him at these places. He has been visiting these places however as regards attending of courts and at one place the branch where he committed alleged acts, he visited in the recent past for inspection of listed documents. I quoted these things in the enquiry proceedings and the convenience of the witnesses for sticking to the venue of examination of witnesses. He had produced a written letter addressed to SSP of the area in year 2005 mentioning two persons from he fears threat to his life. One of this person happens to be a management witness. The cahrgesheetd employee didn't turn up at the venue advocated by me and then on the next hearing I examined my witnesses ex-patee quoting that my witnesses are old and are ladies and moreover it is convenient to them to depose at this place. Moreover they have already gone through the trauma of fraud. All the witnesees except the one from which the CE had expressed threat to his life were examined. Please advice about the developments having taken place in the given situ


Asked on 8/07/07, 9:36 am

2 Answers from Attorneys

Re: examination of witnesses in departmental enquiries

There is nothing wrong in the proceeding.Production of complaint by chargesheeted employee does not vitiate the proceedin.so go ahead.

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Answered on 8/07/07, 2:23 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: examination of witnesses in departmental enquiries

good evening

go ahead with the proceedings its nothing unlawful/wrong as far the charge sheet is concerned to be vitated

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Answered on 8/10/07, 2:10 pm


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