inquiry into charges

Devnandan Sharma (Querist) 14 January 2011 This query is : Resolved
When an accused has to face an inquiry into a charge against him, whether he is entitled to know the person who has leveled the charge; and whether he is entitled to cross-examine the said person in order to deny his guilt and prove his innocence. If no person comes forward to claim that he has leveled the charge against him, what would be the fate of the inquiry?

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Kirti Kar Tripathi (Expert) 14 January 2011
In any inquiry, it is incumbent for the prosecution/management to produced the complainant before the Enquiry Officer as witness and complaint is also required to be proved. The accused/or delinquent has right to know the person, who has made charges and also crass examine him. In case, complainant is not produced the inquiry gets vitiated under the law.

Devajyoti Barman (Expert) 14 January 2011
Yes the chare sheeted person has ot every right to know the identity of the complainant and to cross examine him. In default the inquiry gets vitiated and liable to be set aside being violative of the principle of natural justice.

Amit Minocha (Expert) 15 January 2011
yes he has the full right to know and examine the complainant. If the complainant does not turn out the case gets damaged

malipeddi jaggarao (Expert) 16 January 2011
The source of the charge sheet is preliminary investigation into the allegations. This is to be made available to the Charged Officer and the author of the investigation has to authenticate the report and he is subject to cross-examination by charged officer. The Investigation can be ordered by the competent authority basing on the allegations made against an employee. Generally these allegations will not revealed to the charged officer. In reality if a person complaints against an employee, the competent authority orders for investigation and investigation report analyses the allegations and record its report. But in normal course the original allegations made in the complaint are not made available to the charged officer.

Uma parameswaran (Expert) 16 January 2011
Once charge sheet is complete and it is filed before the Court the accused have the right to get the copy of the all documents.From the documents the accused shall get the complete information about the case.

Advocate. Arunagiri (Expert) 17 January 2011
I think you mean a departmental inquiry. You have every right to get all the copies of the complaint and witnesses.