The picture is not clear, was the document produced or not, and was the defence offered opportunity to cross-examine the management witness and also produce defence witnesses. Pl clarify the position in clear terms.
From India, Mumbai
1534From India, Mumbai
the document could be produced only when the departmental enquiry was reopened. before reopening the defence did not cross examine in absence of that very document and despite provide of opportunity but the defence cross examine only when that very document was adduced by the PO during reopening. the defence witnesses were produced on earlier occasion. this entire case took place only when the management case and the defence case was over. i think i am clear now
From India, Kolkata
From India, Kolkata
A departmental enquiry is deemed close after the final orders are passed by the Disciplinary Authority on the findings of the Inquiring Authority. An Inquiry Authority gives his findings after the closure of evidence of the prosecution and the defense and their arguments on the points of law and facts. However, after submitting his report if the Disciplinary Authority on the perusal of his findings supported by the evidence and documentary evidence finds that the inquiry should be sent back to the Inquiry Authority for holding the further inquiry on the grey areas of the whole proceeding or to prove /disapprove the guilt of the Charged Official(delinquent), he is well within his power to order inquiry on those points which are non transparent /opaque or have no base to rely upon. In this garb of further inquiry, the Disciplinary Authority can not direct the I.A to conduct the further inquiry in a particular way to fill up the lacunae, he also can not suggest calling any irrelevant witness or documents for addition or alteration in the evidence which have already taken place. However, he can seek clarification if the inquiry report (finding) is ambiguous or not conspicuous.
From India, Kolkata
From India, Kolkata
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ER-II- Closed- Notification.pd f
Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc