service law

anupam sharma (Querist) 29 August 2010 This query is : Resolved
can a presenting officer who is also an investigating officer be cited as a witness in the same case in enquiry against a deliquent govt. officer in punjab.Any citations??

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s.subramanian (Expert) 29 August 2010
Yes. There is no bar since the disciplinary authority is not bound by the Indian Evidence ACt. Even in a regular criminal case,the Supreme court of India had laid down in the case of State of Tamilnadu rep by Inspector of Police DV&AC Dept Vs, Jayapal that a de facto complainant,who is the Inspector of Police can be the investigating Officer also.

Guest (Expert) 29 August 2010
YOU MAY KINDLY SEND DETAILS FOR DETAILED REPLY.
IN GENERAL WITNESS CAN BE ANY ONE.THE SAME RULE APPLIES TO PRESENT CASE.

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