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farooq khan   01 October 2018

Defence witness in domestic enquiry

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


Learning

 4 Replies

P. Venu (Advocate)     01 October 2018

Yes, the dropped Management witness could be summoned as defence witnesses. However, this is a double edged sword. And resort to this step with caution and deliberation as to the pros and cons.

farooq khan   02 October 2018

Sir, what about defence witness, is it burden on delinquent to bring them to enquiry?? Even if enquiry notice issued to them by enquiry officer??

farooq khan   02 October 2018

What to do if defence witness (management dropped witness) fail to appear (remain absent) in domestic enquiry??

P. Venu (Advocate)     03 October 2018

If you are really facing the inquiry and have decided to call those persons as defence witnessess, file the request with the Inquiry Officer. It is his descretion and duty to summon them. When facing such problems, adopt a step by step approach.


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