Departmental inquiry
Vasudevan
(Querist) 27 March 2015
This query is : Resolved
I am a Central Government servant. A departmental inquiry was initiated against me wherein the department was having only the photo copy of the documents. No original documents were produced. Can I object the inquiry insisting for original documents? The validity of photo copy of the documents in an departmental inquiry my please be enlightened. Case laws, if any on the validity of the photo copy of the documents may also be furnished please.
Devajyoti Barman
(Expert) 27 March 2015
In departmental proceeding the procedure is to make formal proof of documents relied upon. IF NOT THEN THE REPORT IS VITIATED AND LIABLE FOR SETTING ASIDE.
Rajendra K Goyal
(Expert) 27 March 2015
Ask to show the original of the photocopies as one of your defense.
Guest
(Expert) 27 March 2015
Insist on examination of original document before start of regular hearing. Any case law has no relevance in any departmental inquiry proceedings.
Vasudevan
(Querist) 28 March 2015
Thank you sir(s)for all your valuable advice.
Guest
(Expert) 28 March 2015
You are welcome.
T. Kalaiselvan, Advocate
(Expert) 30 March 2015
You may insist on the original documents relied upon by the inquiry staff during the proceedings, if not produced, you may move an application to stall the proceedings until the same has been produced as you suspect some foul play in the inquiry proceedings.
Vasudevan
(Querist) 02 April 2015
All the original documents are with the court for a separate case pending before the judicial authority please.
Sudhir Kumar, Advocate
(Expert) 02 April 2015
It your own interest that you do not play hide and seek game. give full facts if you are interested in meaningful advise.
Guest
(Expert) 02 April 2015
What is the charge in departmental inquiry case and in court case against you? However, in such a case, where the documents are with the police or in custody of the court, only copies of the documents duly certified by the police or the Government counsel can be provided.
But, still, if you want more input, better consult some expert in person, by phone or through email, showing/sending him the copies of the documents of both the cases for his examination and appropriate advice.
Vasudevan
(Querist) 03 April 2015
Thank you sir(s). I am already in touch with an advocate after Shri P.S. Dhingraji's advice. The advocate has also suggested to go ahead with the departmental enquiry duly raising the objections over the non availability of the original documents before the Inquiry Officer. He has also informed that approaching the CAT bench is wise after getting the final order from the Disciplinary /Appellate Authority. Thank you sir(s) for guiding me.
Guest
(Expert) 03 April 2015
You are welcome.
Sudhir Kumar, Advocate
(Expert) 04 April 2015
If a criminal case is also going on the if the deptt proceeds on the basis of same facts and same documents then the deptt has a justification for not having originals.
Please state facts.
Sudhir Kumar, Advocate
(Expert) 11 September 2016
http://www.lawyersclubindia.com/experts/Prevention-of-Corruption-Act-601741.asp
so there is a criminal case as well.
