Sir/Madam,
A criminal case is launched u/s 13(2) and 13(1) d of PCA,1988 r/w 120b of IPC for not following the departmental instruction. This allegation itself is wrong becasuse i followed it infact which is duly supported by department manual which are relied upon in the charge sheet. Charge sheet was issued and my advocate filed Discharge petition. In the counter filed , the Complainant had stated that they rely upon the witness statement. The witnesses herein is officers of same rank(AC) or lower in rank ( Appraisers ) than me who made statement about some of the procedures involved in doing the official act. These statements are factuaslly wrong in view of the relied upon document (department manual). And there is no opportunity for them to know the circumstances/ facts of the case since they were never dealt with the particular file. but they deal with similar file in their official capasity.
Please help me how to challenge the incorrect statement vis a vis Departmental Manual. it is relevant to note that this Departmental manual is legally binding on me.
i) Can i pray to the court to rely the departmental Manual.
ii) How to challenge the wrong statement at the stage of discharge.
iii) can we concider these witnesses as expert opinion since they did not deal with the file and they throw light on the departmental procedures.
iv) what steps i can take against these witnesses for giving such wrong statements at this stage.
thanks
