D Anil Ambedkar (ASP) 21 January 2015

Departmental enquiry

Dear Sir,

I have been appointed as Inquiry officer of a departmental enquiry.

I have commenced and inquiry and the stage is at examination of prosecution witnesses.

Now the SHO (local police) with whom this case was entrusted is also enquiring into the case

and asked for certain documents through disciplinary authority without any written request.

for them to file a charge sheet in court.

at this juncture...

Can I handover the documents..without court order...

If the defence insists for production of original documents what should I do...

as IO do I have to follow the orders of the Disc. Auth. regarding submission of documents.

pl clarify

-thank you

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3 Replies

Kumar Doab (FIN) 21 January 2015

It is felt that you should act on written orders only.

Sudhir Kumar, Advocate (Advocate) 26 January 2015

not agreed.

departmental inquiry is based on the reasonable evidence and criminal case is based on 100% evidence.

You can continue DE with attested document but not the criminal case.

Anjuru Chandra Sekhar (Advocate ) 27 January 2015

You can handover the originals to the Police, by keeping xerox copies of the same. However, the receipt must be perfectly acknowledged and you must take care to ensure that the covering letter is also countersigned by your Disc. Authority. Before doing that you can inquire with police whether xerox copies will be sufficient for them. It is not necessary for criminal court to have original documents with them, if they are privileged communication. Sometimes if they are bulky then also originals are not submitted to police. This is to say there can be exceptions to the rule that only originals should be submitted to police.

If the court wants your testimony as to the genuineness of the xerox documents you have submitted it can summon you as a witness. There is no hard and fast rule to submit original documents to police.