Domestic inquiry
Querist :
Anonymous
(Querist) 12 August 2011
This query is : Resolved
Dear Experts,
Kindly clarify me the following doubts.
1. When a prosecution witness denies and differs his statement given by him during the preliminary enquiry at the time of regular detailed inquiry while giving deposition before the Inquiry officer.
2. Whether the statement given by the charged official during the preliminary enquiry, can be taken as exhibit by the IO without enquiring with the charged official
by the Prosecution.
3. While giving self explanation by the charged official after prosecution witnesses is over can the IO cross examine or put question to the CO on the basis of the statement given by him during the preliminary enquiry.
4. One document was produced by the prosecution as evidence. The said document was handled and signed by 4 persons. Only two persons were examined based on their signature, the remaining two persons were neither they were brought as PW nor they were enquired.Is it correct or not? If not correct, the reason may pl. be informed
K.S.Srinivas
(Expert) 13 August 2011
1. If the prosecution witness denies or differs with his own statement given by him during the preliminary enquiry, the he will be subjected to cross-examination by the departmental enquiry officer.
2. Yes.
3. Yes. In order to elicit some more information which enables him to reach findings, he can do so.
4. The charged officer can demand for presentation of the remaining two persons for cross-examination.
