DISCIPLINARY ACTION

Querist : Anonymous (Querist) 12 January 2010 This query is : Resolved
Some complainants made some frivolous charges against my coleague with the connivance of some higher officials. The department recorded the statements of complainants only and the complainants named a witness to the incident. No statement of the witness was recorded at the time of premilinary enquiry. The statement of the witness was recorded after two years and he denied to the happening of incident in front of him. The witness expired after one year. The department chargesheeted my coleague after 5 years of happening of so called incident and made only the complainants as witness and the statement of the witness has not been relied.
My questio is "can the complainant be witness?

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Raj Kumar Makkad (Expert) 13 January 2010
Every complaint is required to be supported with reliable statement of reliable independent person and in the given facts such charge-sheet cannot sustain before law.

Binod Kumar Mishra (Expert) 13 January 2010
a complainant can not be witness for his own complain. it means that proper warrant of principle of natural justice has not been made.

the charge based on that basis will not sustain before court of law and rather if the office has charge sheeted after five years of the complaint, then it will also not be at par with the guidelines of central vigilance commission.

tell me where is your friend working and if you want some other help then send me the personal message and i will then say somethings based on set of facts provided by you.

Vijayarajan (Expert) 13 January 2010
Please explain whether the matter in question is related to ID Act. Natural justice is the guiding spirit for any enquiry. But there is no harm in examining the complainant as witness. Without examining the complainant how can the charge sheet will be presented before the Enq. Officer? The employee gets the opportunity to cross examine the complainant when he is examined

Querist : Anonymous (Querist) 18 January 2010
I want to thank Sh. Raj Kumar Makkar, Sh. Binod Kumar Mishra and Sh. Vijayarajan for their valuable comments on the queries. As I asked that the complainant made frivolous complaint but they named an officer from the department in the complaints. The department recorded the statement of the department officer who was named as witness after two years of the complaint. The departmental officers, the named witness, denied happening of any inident before him or knowledge of happening of such incident. The department did not inform him about the recording of statement of departmental offier, the fact came to the notice of my friend through inspection of file demended under RTI Act as the department was not willing to show the files till completion of inquiry. The departmental officers has since now been expired and therefore cannot be producted or examined during departmental proceeding. The complainant will definitely support their version. So under these circumstances plz tell me that
1. Can the department's stand of making of complainant, witnesses is justified?
2. Is there any case law in support?
3. can the statement of deceased officers is final and can be submitted in support?
4. Is it not malafide on the part of the department to rely on the complainant only?
5. Can he initiate any criminal or civil action against the culprit officers?
Your reply or suggestion can be helpful to my friend who is under depression.
Thanx

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