1000 TIT BITS ON DISCIPLINE -182
772, Examination of Witnesses
The questioning of a witness is called examination on analogy of court trial on the lines of the Indian Evidence Act, which, as such, is not applicable in disciplinary proceedings.
773. Examination-in-chief : Questioning of a witness in proceedings by the party who called the witness to testify.
774, Cross-examination : Questioning of a witness during the proceedings by the party opposed to the party who called the witness to testify. The purpose of cross-examination is to bring out contradictions and improbabilities in the examination-in chief by suggesting doubts to the witness and by trapping the witness into admission that weakens his testimony. The crossexaminer has the right to ask leading questions. How best Shri Ajaib Singh in his book 'Art of Advocacy as Practiced in India' has described purpose of cross-examination needs to be quoted! He writes "Cross-examination is the most potent weapon known to the law for separating falsehood from truth, hearsay from actual knowledge, things imaginary from things real, opinion from fact and inference from recollection."
775. Re-examination: Questioning by the first party who conducted examination-in-chief seeking clarification; the scope is limited to matters covered under cross-examination.
776. Leading questions (which suggest the very answer that the Presenting Officer/Charged Official wants to be brought on record) should not be permitted in examination-in-chief. In cross-examination, leading questions can be asked. It is also not necessary to confine oneself to the issue raised in the examination-in-chief while cross-examining a witness.
Re-examination is permissible only in respect of the issues which might have come up in cross-examination but if, with the permission of the Inquiring Authority, a new issue has been raised by the Presenting Officer/Charged Official in reexamination, an opportunity should be given to the other party to cross-examine the witness on that issue. [DOPT O.M. No. 7/11/70-Estt. (A) dt. 24.9.1970]
Hearsay evidence is not barred provided it has reasonable nexus and credibility. All materials which are logically probative for a prudent mind are permissible.
777. Expert Witness- an expert witness is someone who is qualified in a particular field, say Forensic scientist, Govt. Examiner of Questioned Documents (GEQD), Chief Technical Examiner (CTE) of CVC, etc. Such a witness comes to give 'expert opinion' based on his report, if any, listed as prosecution document. It has been observed that Charged Official usually attempts to discredit his report and discount his expertise in the field. Therefore, he should not feel shy in replying to questions about his academic and professional qualification, besides report in question. In complicated technical cases, it would be helpful if expert of the department concerned may be called first witness, who will be able to explain the background and various technicalities of the matter. The P.O. should familiarise himself well with the technical aspects of the matter to cross examine the defence witnesses, in addition to conduct examination-in-chief of prosecution witnesses. (MHA O.M. No. 134/17/69-AVD, dt. 2.2. 1970]
Interested witness is one who has a direct and personal interest in the matter in issue.
Hypothetical question which are assumption based should be discouraged.
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