Extract from the Annual Report 2024 -25

1000 TIT BITS ON DISCIPLINE -62

The Regular Hearing -4

Permitting Fresh or New evidence

236. Normally the presenting officer can produce before the inquiry officer only that oral or documentary evidence what has earlier been cited in the charge sheet. If the presenting officer intends to examine some more evidence, oral or documentary, not cited in the charge sheet, it can be done only by amending the charge sheet and that too before the recording of evidence in the inquiry begins. Similarly, the defence evidence is restricted to the list of documents and witnesses, submitted by the charged employee to the inquiry officer. He cannot travel beyond it. But, during actual recording of evidence, situation may arise where the presenting officer desires to produce some new or additional evidence, or to recall a witness, in support of his case. In such situation, the inquiry officer has the powers to permit him such new or additional evidence but three requirements must be met. These are: (i) the stage of permitting fresh or new evidence is when the presenting officer has already examined the witnesses cited in the charge sheet but the recording of defence case is yet to start; (ii) fresh or new evidence cannot be allowed to fill up gaps in the evidence already recorded. Such evidence may be permitted only where there is some inherent lacuna in the evidence already recorded; and (iii) where such evidence is allowed by the inquiry officer, the defence is also given an opportunity to rebut it, including suitable adjournment, if necessary.