can axn b taken by comptetent authourity

B Guru Murthy (Querist) 29 May 2011 This query is : Resolved
Dear Ld Members

Can competent authourity take axn on my
in-laws[State Govt employee] as they are evidence[LW-1] in my case.

based on the below reference cited:

18. Evidence before any committee, commission or other authority :-

1) No Government employee shall give evidence in connection with any inquiry conducted by any committee,
Commission or other authority:-
a) in India, except with the previous permission of Government;
b) outside India, except with the previous sanction of the Central Government;
2) Where any sanction is accorded under sub-rule (1), no Government employee giving such evidence shall criticise the policy of the Central Government or of a State Government.
(3) Nothing in sub-rule (1) shall apply to -
(a) evidence given before a statutory committee, commission or other authority which has power to compel attendance and the giving of answers;
Criminal Law Amendment Ordinance 1944
35
(b) evidence given in judicial inquiries;
(c) evidence given at any departmental inquiry ordered by Government or any authority subordinate to them.

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G.Sundara Rajan (Expert) 30 May 2011
Please see in the rule (3) Nothing in sub-rule shall apply to -..........

Action cannot be taken against your in-law for giving evidence in the court of law.

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