Dev 19 April 2021
SHIRISH PAWAR, 7738990900 (Advocate) 19 April 2021
Hello,
The accused will get a copy of all the documents which were given as evidence with the complaint so as to defend himself.
Dev 19 April 2021
Sankaranarayanan (Advocate) 19 April 2021
yes i do agree with expert Mr Pawar
Dev 19 April 2021
Yes sir, he is bound to get it all eventually. My query is rather specific. Can he have a copy of all the evidences even before inquiry committee has been set up?
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 19 April 2021
1. Once a Complaint is duly registered against an officer, THEN accused is entitled to receive any & all documents /evidences mentioned in the complaint. There is no such thing as "Confidential" in such matter and transparency has to be maintained, and the dept., head /director is liable to give any & all documents /evidences mentioned in the complaint, to the Accused even before any enquiry committee is set up, to enable accused to prepare his defense.
2. Enquiry Committee can be set up subsequently (depending on merit of complaint) and has got nothing to do with above. Such Enquiry Committee has no jurisdiction to conduct proceedings, IF any & all documents /evidences mentioned in the complaint, are not already given to Accused.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Pradipta Nath (Advocate) 19 April 2021
Yes, once the complaint is filed, the accused person is entitled to each and every documents based upon which he/she is alleged for fair hearing. Apart, setting up of Enquiry Committee is immaterial on this as its limitation is only in making enquiry and not hearing!
Ankur Mishra 19 April 2021