Regarding Defence witness
Querist :
Anonymous
(Querist) 30 September 2018
This query is : Resolved
Sir,
1)when charge sheet employee was given list of 5 Management witness & included in there names in charge sheet, can Presenting officer examine only few witness. (Ex.. Only 2)& remaing 3 witness can be dropped from enquiry, when charges r grave in nature (misbehave /threat) ??
2)can an delinquent pray before enquiry officer to summon above rest 3 management witness to be enquiry, as this witness have already given written statement before investigation officer in preliminary enquiry for fact findings repot.???
3) can this dropped 3 management witness be delinquent defence witness??
4)what to do if this dropped 3 management witness do not appear in enquiry for depose & cross examination, remain absent in spite of summon issued by enquiry officer?? Is it burden on delinquent to bring them to enquiry?? Plz help
Guest
(Expert) 30 September 2018
Is there any specialty in your case that compelled you to keep yourself as anonymous.
Anonymous persons do not deserve any help.
Querist :
Anonymous
(Querist) 01 October 2018
No sir, I am new to this legal service, I don't know how to disclose my profile name, plz help
Querist :
Anonymous
(Querist) 01 October 2018
Sir, My name is Farooq khan from KSRTC, Mysore, Karnataka
Dr J C Vashista
(Expert) 01 October 2018
Mr. Farooq Khan, what is your locus standie to the questions raised in this post?
Response shall differ in each situation.
It would be better to consult a local prudent lawyer practicing service matters.
Guest
(Expert) 01 October 2018
May you be new to this forum, but, no querist is marked as anonymous unless he clicks on the slot to be anonymous.
If desirous of any help, better post a new query with your real ID.
Sudhir Kumar, Advocate
(Expert) 01 October 2018
It is absolute discretion of the management not to produce any / all the witnesses.
However if charged officer feels evidence of any witness is essential for his defence he can give application for the witness to be treated a defence witness.
Querist :
Anonymous
(Querist) 01 October 2018
Thank u Sudhir sir & others, what if this dropped Management witness act as defence witness, & if they fail to depose before enquiry officer?? Is it burden on delinquent to bring them??
P. Venu
(Expert) 02 October 2018
Yes, the dropped witnesses could be sought to be summoned as defence witnesses. However, this is a double edged sword and tread carefully.
