Can a prime prosecution witness who is the boss of the delinquent ask the Inquiring Authority to hold departmental proceedings at his office, which is about 150 km away from the office of the I.A.? Can the I.A. examine and record the statement of the said witness by traveling to his office without informing the delinquents and in his absence and the absence of the Defense Assistant? Please cite some rulings of the courts over the issue.
From India, Kolkata
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From India, Kolkata
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Point-wise Clarifications offered by Kritarth Team:
Query 1: Can a prime prosecution witness who is the boss of the delinquent ask the Inquiring Authority to hold departmental proceedings 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/Punishing Authority, to consider his or her 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 on its locus standi vis-a-vis compelling circumstances, case by case. Normally, barring exigencies, such a request need not be accepted just because the witness occupies a certain designation in the hierarchy.
Query 2: Can the I.A examine and record the statement of the said witness by traveling to his office without informing the delinquents and in his absence and the absence of the Defense Assistant? Please cite some rulings of the courts over the issue.
Clarification: Inquiry proceedings are held in accordance with the principles of natural justice and the procedures laid down by the judiciary for such internal/domestic/departmental/managerial inquiries. In the absence of the "Delinquent Employee," no inquiry is valid, maintainable in law, nor is the recording of a statement/deposition/testimony of a witness lawful, legitimate, or scrupulous. You may refer to various rulings of our Honorable Supreme Court on this subject. Any arbitrary action-step by anyone shall be deemed unlawful, invalid, null, and void.
Kritarth Team of Inquiry Officers
10 Feb 2019
From India, Delhi
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206Query 1: Can a prime prosecution witness who is the boss of the delinquent ask the Inquiring Authority to hold departmental proceedings 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/Punishing Authority, to consider his or her 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 on its locus standi vis-a-vis compelling circumstances, case by case. Normally, barring exigencies, such a request need not be accepted just because the witness occupies a certain designation in the hierarchy.
Query 2: Can the I.A examine and record the statement of the said witness by traveling to his office without informing the delinquents and in his absence and the absence of the Defense Assistant? Please cite some rulings of the courts over the issue.
Clarification: Inquiry proceedings are held in accordance with the principles of natural justice and the procedures laid down by the judiciary for such internal/domestic/departmental/managerial inquiries. In the absence of the "Delinquent Employee," no inquiry is valid, maintainable in law, nor is the recording of a statement/deposition/testimony of a witness lawful, legitimate, or scrupulous. You may refer to various rulings of our Honorable Supreme Court on this subject. Any arbitrary action-step by anyone shall be deemed unlawful, invalid, null, and void.
Kritarth Team of Inquiry Officers
10 Feb 2019
From India, Delhi
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