Departmental inquiry against a public servant

Shyamsunder Cheruku (Querist) 28 April 2017 This query is : Resolved
X is A1 in an ACB case who is alleeged to have stated to the ACB officials that he paid mamools/ bribe to certain Government officials against whom departmental proceedings are initiated under CCA rules and the prosecution case is completed. The charges are framed entirely on basis of the A1 reecorded in the Mediators' Report. Evidently A1 is not a PW in the departmental case. Now the Defence Asst. intends to summon A1 as Defence witness to bring out the truth as to whether what is recorded in the Mediators Reports as having been stated by him are really stated by him or not. The provisions of CrPC and Evidence Act are not applicable to departmental proceedings. Pl. clarify and advise whether X who is A1 can be summoned as Defence Witness, if so under what provision.

Follow Query

Report Abuse

Guest (Expert) 28 April 2017
What exactly is your concern with the departmental inquiry case and in what capacity you want to know the provisions under which X can be called as defence witness in the case?

N.K.Assumi (Expert) 28 April 2017
Though A1, may not be in witness list, if he is required to give statements in the interest of justice, you may pray to the inquiry officer to summon him, and if the competent authority permits his examination, he can be summon as a witness by the inquiry officer.