Query 1:-Can a prime prosecution witness who is the boss of the delinquent ask the Inquiring Authority to hold departmental proceeding at his office which is about 150 Km away from the office of the I.A?
Clarifications: Anyone can or may ask the Inquiry Officer or Inquiry Committee /Inquiry Authority duly appointed as such by the Employer /the Occupier /PunishingAuthority, to consider his or her or their Request or Appeal etc
yet it is up to the discretion of the Inquiry Officer/Committee/Authority to accept or not to accept the same. Such exercise of discretion is based out of its locus standi vis-a-vis compelling Circumstance, case to case. Normally, barring Exigencies, such request need not be accepted just because the Witness occupies certaing Gesignation in Hierarchy.
Query-2: Can the I.A examine and record the statement of the said witness by travelling to his office without informing the delinquents and in his absence and absence of Defence Assistant? Please cite some Rulings of the courts over the issue?
Clarification: Inquiry Proceedings are held in accordance with the Principles ofNatural Justice and the Procedures laid down by the Judiciary for such Internal/Domestic/ Deptl/ Managerial Inquiries. In absence of the "'Delinquent Employee" No Inquiry is Valid, maintanable in Law
nor the Recording of Statement /Deposition/Testimony of a Witness lawful or legitimate or Scrupulous.
You may refer to various Rulings of our Honble Supreme Court on this subject. Any Arbitrary Action-step by anyone shall be deemed as Unlawful, Invalid, null & void.
Kritarth Team of Inquiry Officers
10 Feb 2019