Evidence of a chaged officer against another

Ziaur Rahman (Querist) 22 May 2022 This query is : Resolved
What's the legality of the evidence of one charged officer against another charged officers in a joint Disciplinary Proceedings against 9 charged officers? Any case law on this aspect of Disciplinary proceedings? Kindly enlighten with citations if any.

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This discussion explores the complex legalities surrounding the use of evidence from one charged officer against another within joint disciplinary proceedings. The scenario involves nine officers facing charges, with one principal officer accused of taking money in a job racket. The core question is whether testimony from one charged officer can be legally used as evidence against a co-accused, and if specific case law supports this practice. Additionally, the legality of the Enquiry Officer initiating common proceedings without explicit disciplinary authority approval is questioned, especially given the officers' different postings and individual proceeding numbers.

P. Venu (Expert) 24 May 2022
The query is interesting. But, in the absence of material facts, it is too hasty suggest any opinion.

Ziaur Rahman (Querist) 25 May 2022
In a job racket a C.O collected money from his colleagues to provide job to their unemployed relatives. Accordingly, they paid him money but he consumed the amount and couldn't provide the job. His department came to know and initiated disciplinary proceedings against all the 9 persons who had given money to one of them. In the disciplinary proceedings the disciplinary authority has cited 8 persons as the prosecution witness against the principal CO. In enquiry some said that they had given money and some denied it in a common proceedings. However,none could so far justify the source of the huge money paid to the principal CO. I want to know the legality of the evidence of one CO against another CO in the common disciplinary proceedings. I need the relevant case laws. The other aspect is whether the Enquiry Officer start a common proceeding against all the COs without the sanction or approval of the disciplinary authority? Intersting issue is that each proceeding has a different Proceeding number and all the COs are posted in different wings of the department. The proceedings were started based on an anonymous complaint followed by the preliminary enquiry against the principal CO and subsequent surface of names of the other COs. Can any expert help me out ? I am the Defence Assistant for all the COs.

N.K.Assumi (Expert) 26 May 2022
Evidence of one co-accused can be used against another accused if they are jointly tried in same proceedings, provided that the person giving the evidence implicate the maker thereof or say the author of the evidence.

Ziaur Rahman (Querist) 27 May 2022
NK Asumi Sir, I am seeking a citation to determine the ingredients in a CO against CO witness established principles of law through a court order.

N.K.Assumi (Expert) 27 May 2022
Well, that is the Law: and any citations ought to satisfy the abive given principles of Law.

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