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GOVERDHAN RAO (MANAGER)     27 March 2015

Departmental inquiries

REGARDING HOSTILE WITNESS IN DEPARTMENTAL INQURIES

The Hon'ble Supreme Court of India, in its judgment in Sat Paul vs Delhi Administration, delivered on 30 September, 1975 has clearly laid down that a "Hostile Witness" is one who is not willing to tell the truth and "Unfavourable Witness" is one who is speaking against the party who has called him.

Whereas "Hostlie Witness" can be permitted to be cross-examined by the party calling him, on the contrary, an "Unfavourable Witness" cannot be permitted by be cross examined by the party calling him.

Whether the same law is applicable in case of  Departmental Inquiries ?

If any Hon'ble court has given any judgment that the above is applicable in case of Departmental Inquiries, may kindly be specified.

This will be helpful to the persons handling Departmental Inquiries.



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