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34. Recording of Evidence

 34.  Recording of Evidence

161. Recording of Evidence: It is the duty of the inquiring authority to summon all witnesses, including the defence witnesses (Shiv Dutt v. State, AIR 1962 Punjab 355).

162. All evidence should be recorded in the presence of the accused employee [Union of India v. T. R. Varma, AIR 1957 SC 882].

163. The charged officer is given full opportunity to cross-examine the witnesses appearing against him [State of M.P. v. Chintaman, AIR 1961 SC 1663]. To facilitate the exercise of this right, the charged officer should be supplied with full copies of the earlier statements of the witnesses recorded during the course of preliminary inquiry [ibid.; State of Punjab v. Bhagat Ram, AIR 1974 SC 2335; State of U.P. v. Mohd. Sharif, AIR 1982 SC 937, para 3). The earlier statements should be given at least two days before the inquiry [Kesoram Cotton Mills Ltd. v. Gangadhar, AIR 1964 SC 708).

164. The charged officer is permitted to adduce evidence in his defence and is also allowed to examine himself, if he so desires (Union of India v. T. R. Varma, supra).

165. If some new evidence, not included in the charge sheet is to be recorded, adequate adjournment should be allowed [Union of India v. Inder Nath, SLR (1978) | Delhi 1].

166. The charged officer should be supplied with a copy of the written brief of the Presenting officer, if any, before he is asked to file his written brief [Collector of Customs v. Md. Habibul Haq, 1972 Lab. IC 1505: SLR (1973)1 Cal. 321].


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