Criminal Trial in a court , reliance on Domestic Enquiry
BS Sallan
(Querist) 18 February 2011
This query is : Resolved
Dear Sir, shall be greatful to learn whether findings of Investigation conducted by Vigilance Deptt of a Company be relied upon /treated as evidence in a criminal trial in the court.
In one case, the in company vigilance report which is conducted for domestic enquiry procedings also recommended filing of FIR against on of the officers under PC act and crpc. The company filed FIR against one of its officers. The police conducted the investigation and filed challan in the trial court. Now please advise whether the said vigilance report and domestic enquiry findings be a basis/evidence for the proceedings in the trial court.
Regards,
BS Sallan
Amit Minocha
(Expert) 19 February 2011
whether the report of inquiry was challenged ? If yes, it may help in Court.
Ajay Bansal
(Expert) 19 February 2011
Said vigilance report and domestic enquiry finding could be important evidences,but not deciding factors.
M V Gupta
(Expert) 21 February 2011
The statements recorded and other documents produced in the domestic enquiery cannot be per se evidence in the criminal court proceedings. It would be necessary to produce the witnesses and the documents in the cr. court and in case the witnesses state any thing different from what they had stated in the domestic enquiery, then they can be confronted with the statements recorded in the d. enquiery.
BS Sallan
(Querist) 21 February 2011
Respected sirs, in my case , the court is inclined to rely on the findings of the departmental vigilance enquiry . However, an FIR was lodged with the police without refering to the said vigilance enquiry, police conducted investigation and filed challan. In the police investigation, only two persons were treated as accused. However, if we go by the departmental vigilance report, others also were responsible for certain procedural lapses.The defence is trying to rely on the vigilance report and make others also as accused. Please advise.
