Witness acting as Prosecutor & Admissibility of Predated Affidavits as Evidence
Querist :
Anonymous
(Querist) 13 May 2011
This query is : Open
Sir,
In a Disciplinary proceedings recommenced after the High Court had quashed the charge sheet and the Order of suspension on the grounds of mala fides and had given the liberty to the Department to objectively examine the allegations of misconduct the principal Witness in the Quashed by Court, a Deputy Director issued and signed the charge sheet for his reinstated Director.
Will the said charge sheet be considered as Legal?
The Witnesses , a complainant in the quashed by Court charge sheet - listed as the first witness in the charge sheet as aforesaid submitted a pre dated Affidavit instead of recording his statement and the same was accepted by the Inquiry Officer in an ex parte Inquiry without first supplying to the Charged Director.
Will it be legally valid?
The Inquiry Officer made all his findings relying only on these Affidavits in the ex parte Inquiry and held the Charges as proved. Will it be legally valid?
