Recall of prosecution witness after closure of evidence and argument

This query is : Resolved 

01 October 2010

Can the Inquiring Authority in a departmental proceeding recall a prosecution witness after closure of all the evidences i.e prosecution and defence both, and after submitting the defence arguments by the Charged Officer to him, to clarify some points from the prosecution witness? If so what is the legality of such recall and if not so what should be the reply/objection of the Charged officer who has also be called to remain present on he day when the Inquiring Authority is supposed to seek clarification from the PW. Does it not amount to filling up the lacunae in the prosecution story? What should be the objection of the Charged Officer.Kindly advice.

s.subramanian (Expert)
01 October 2010

The Inquiry Officer in a departmental proceeding is not bound by the strict rules of evidence laid down by the Evidence Act. He is more or less a fact finding body and he can make his own rules for the inquiry which must be in consonance with the principles of natural justice. He has the power to recall the witness for seeking clarification and if he is put to any further chief examination the charged office has to be permitted to cross examine him mandatorily.

M/s. Y-not legal services (Expert)
07 October 2010

I agree with mr.subramanian,

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