Statement in lieu of deposition in domestic inquiry
Legal Manager
(Querist) 07 June 2012
This query is : Resolved
Hello Sir/s
I would like to have your advise in below scenario.
In ongoing departmental/domestic inquiry if management representative submits statements of witnesses instead of deposition before I/O.
Is that valid in normal course and Whether his adverse findings can be proper in absence of no single deposition for misconduct committed?
Thank you for extending your help.
Regards
Meik
Guest
(Expert) 07 June 2012
Your query does not seem to have been presented properly. Needs following clarifications:
1) At what stage of the departmental/ domestic inquiry the statements of witnesses were submitted by the management representative?
2) Whether reference to the statements of witnesses has been made in the charge sheet and duly listed in the documents through which the charge was proposed to be proved?
3) Whether copies of the statements of witnesses have been provided or not to the delinquent employee along with the charge sheet or at the time of preliminary hearing by the I.O.?
4) Whether the names of the witnesses, whose statements have been produced, have duly been listed in the charge sheet to prove the charge or not?
If reply to any of the above queries is in negative, the process of inquiry is defective and can be challenged legally.
In case the management representative has already dropped the witnesses but has presented their statements by not calling them to depose, cognizance should not have been taken to such statements by the I.O., even if the management representative would have relied on such statements without giving due opportunity to the charge-sheeted employee to cross-examine of such witnesses to defend himself.
