I am dealing with Departmental Inquiries. In one case, the CBI filed a criminal case against the charged Officer and the case is going on.
In the departmental inquiry, the CBI submitted certain bank transaction documents which were exhibited. Against which bank managers were the state witnesses. They didn't turn up to depose even after calling them 10 times. subsequently, PO submitted application to drop these witnesses. In the case PI, CBI who investigated the case is one Witness, who came and deposed.
PO asked him whether he collected all the documents from SD -- to SD --. He said yes.
Now the question is
1.whether we can call these bank statements ie.state documents were produced before the inquiry,by asking a question to CBI as stated above
2. Whether PI CBI's deposition is a primary evidence on account of other witnesses didn't come.
3. Kindly give an answer with any Court rulings.
Thanks
The Inquiry officer of a departmental inquiry has no power to summon the bank manager or to produce the bank statements, if at all the docuements are to be obtained for departmental proceedings, then the IO should depend on the CBI alone.
The PO can conduct the inquiry only the documents produced before him and not beyond that.
If the CBI's evidence is supported by documentary evidences to support the charges leveled against the charged officer, it can be taken as evidence.
The proceedings in the departmental proceedings are only quasi-judicial proceedings. All the procedure of an ordinary trial or proceedings in a Court of Law is not applicable.
For court rulings or judgments you have to contact your advocate by paying his professional fees.
