Privileged documents

balaji r (Querist) 22 January 2016 This query is : Resolved
Please advise us whether the Charge Sheet Official is entitle to inspect the privileged documents. Some of colleagues say that there is a judgement that the Charge Sheeted Official is entitle for supply of copies of privileged documents. No document however personal can be declared as Privileged Document unless it affects the interest of the State. Pl give us proper guidance.

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Sudhir Kumar, Advocate (Expert) 23 January 2016
has the privilege been claimed by head of deptt (not head of office)

P. Venu (Expert) 23 January 2016
The query lacks clarity. Have these privileged documents relied on by the Disciplinary Authority?

Rajendra K Goyal (Expert) 23 January 2016
What are the documents and how are they related to disciplinary proceedings?

balaji r (Querist) 24 January 2016
Dear Sir, thank you for immediate response.
1. Privilege is claimed by the Head of the Deptt.
2. The privileged documents (Investigation Report which is a base document for issue of Charge Sheet)
3.Central Office Audit/RBI Audit Reports etc., the defence can always bring the remarks/comments made by the learned auditors regarding the irregularity.
Pl guide us.

Guest (Expert) 24 January 2016
Except the investigation report or classified documents of the Government of India or State falling within the purview of the Official Secrecy Act, none of the other documents can be treated as priviledged documents. So, to inspect or demand copy of every other document concerned with the case is the right of the charge sheeted employee to ensure transparency in the inquiry of a disciplinary case. Interpretations may differ from authority to authority or person to person, but correctness of that has also the proved beyond any doubt during the inquiry proceedings.