Departmental inquiry

Rakesh Kumar (Querist) 27 June 2016 This query is : Resolved
Respected Sir, Defence counsel wants a departmental inquiry in a govt. department in a case of cheating and forgery under CRL. SLP in sc after notice to escape from back door by hook and Crook methods and by a excuse that this is purely a departmental matter. Now I want prosecution over them, so I want a striking point or some applicable authority to prevent them. Weather a inquiry officer has power to summon the witness from other independent separate govt. institution for the evidence? Because in present case three witnesses are completely private with their evidential substance and one witness is from other government institution with his considerable evidence and without above said four witnesses case could not be proved. So please help me immediately-09050088688 thank you.

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Nitish Banka (Expert) 27 June 2016
Both departmental inquiry and criminal inquiry can run side by side and in criminal investigation courts have no role to play in interfering in it. A departmental inquiry should be as per the departmental rules which needs to be referred before giving any opinion and if there is violation of rules then you may approach court.
Warm Regards
Advocate Nitish Banka
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Guest (Expert) 27 June 2016
A jumbled query! You have mixed up several things, probably the criminal case in the court and the departmental inquiry, but without giving the most crucial information. For example,

1) defence counsel of which case (criminal case in court or departmental inquiry case in disciplinary proceedings by the department wants inquiry in govt department?

2) What is the relevance of backdoor?

3) Prosecution against whom and on what basis?

4)Inquiry officer of the criminal case or of departmental inquiry?

5) Whether private/outside witnesses are part of the charge sheet or the inquiry officer is calling at his own?

6) How you are concerned with the case, whether as accused or in some other position?

SUPER SPECIALTY SERVICES FOUNDATION (INDIA)

Kumar Doab (Expert) 27 June 2016
Author may reply to the points raised by experts and post full details.

Rajendra K Goyal (Expert) 28 June 2016
For any fruitful advice basic questions raised by the expert P. S. DHINGRA need to be replied by the author.

Sudhir Kumar, Advocate (Expert) 28 June 2016
It is a riddle.
Whether case pertains to govt deptt?

whether accused is criminally charged?

whther accused is also facing depttl case

what defence counsel wants?

How SLP is relevant to criminal case?

how SLP is relevant to depttl case?

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