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Khaleel Saudagar

Dear Sir
1. What are the questions (to be asked and not to be asked) to a witness while cross examining a witness by the delinquent in Domestic inquiry?
2.Are there any Rules and Regulations for cross examining a witness?
Looking forward to an early reply from the seniors.
Khaleel Saudagar

From India, Kadapa
Labour Law Index

The rules are simple, you need to follow the principle of Natural Justice. This means in simplified terms as follow:-
1) Reasonable time must be provided to answer questions.
2) No badgering, battery or defamation is allowed.
3) Get the entire proceeding on a video.
4) Get a affidavit signed from the parties that they are willingly going into such proceedings.
5) Always allow parties chance to be represented by an attorney or Mackenzie's friend.
6) Do not allow unfair surprises.

From India, Kolkata
Suresh Rathi

This link may also be of some use.

From India, Delhi
Nagarkar Vinayak L

In cross-examination, no leading questions are allowed. Regards V.L.Nagarkar HR-CONSULTANT
From India, Mumbai

Basic criteria of holding a domestic enquiry is that principle of natural justice should not be violated.
There is no act which prescribes the procedure of cross examination in enquiry. However, Evidence Act may be followed to some extent. But primary concern should be that the delinquent should not be deprived of any opportunity (principle of natural justice). Regarding what questions one should put in cross examination totally depends on what the witness has stated in his evidence. Without knowing the statements of the witness as well as the entire facts, questions cannot be constructed.
If the delinquent is planning to cross examine the witness of management and unable to frame questions, then he may consult any expert/ professionals with the statement of the witness and other documents to get the questions framed so that the delinquent may put those questions on the next date of enquiry.

From India, Kolkata
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