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Government Company Inquiry

(Querist) 19 July 2011 This query is : Resolved 
I am currently undergoing an inquiry in government sector company. The Presenting Officer and Investigating Officer are refusing to close the witnesses.

I have been advised by my colleagues who have in the past undergone similar proceedings that the PO is required to close the witness so they are not left with an open ended world of alleging more charges later.

However, since I am not a legal expert, I am unable to find a law in the legal system or any act which would support this argument. But every single colleague who has gone through inquiries agrees with my argument that the PO should close the witnesses.

Can anyone please advise me of any law or act which I can cite to prove a compelling argument for a reason for me to ensure that the PO closes his witnesses/arguments?
Sudhir Kumar, Advocate (Expert) 12 August 2012
what is the opresent state of inquiry?

Have you taken help of any defence Asstt?
Guest (Expert) 12 August 2012
Since the departmental inquiries are quasi judicial in nature, these are not Governed by common law. The inquireies are governed by specific conduct, disipline and appeal rules of the Government departments or the company concerned. So, you may better check the provisions made in the CDA Rules of your Government company.

In departmental inquiries, it is an established process that when the evidence of the prosecution witnesses is over the prosecution case has to be closed and defence case has to start. If the P.O. or the I.O. does not close the prosecution case, raise your objection and get that noted in the daily order sheet of the I.O. that the case of the prosecution may be treated as closed to start with the defence case.

Your defence assistant should vehimently oppose to the move of the prosecution to keep open the prosecution case, if the evidence on behalf of the prosecution is over.


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