1000 TIT BITS ON DISCIPLINE -224
Deliberate withholding of Document shall vitiate inquiry
859. Where the material document was in possession of the prosecution but was deliberately withheld by them, the Supreme Court held that the conviction of the appellant could not be sustained. The case related to alleged criminal breach of trust by a Sr. Godown Keeper of the Food Corporation of India (Chittaranjan Choudhury v. State of Bihar, (1987)2 SCC 104).
Deliberate withholding of Document shall vitiate inquiry
859. Where the material document was in possession of the prosecution but was deliberately withheld by them, the Supreme Court held that the conviction of the appellant could not be sustained. The case related to alleged criminal breach of trust by a Sr. Godown Keeper of the Food Corporation of India (Chittaranjan Choudhury v. State of Bihar, (1987)2 SCC 104).
Denial on the plea that charged officer did not desire an oral inquiry
860. The Supreme Court has held that access to official records cannot be denied on the ground that the charged officer did not desire an oral inquiry. The reason is, firstly, if copies of the required documents are supplied, there is the possibility that on their perusal he may desire to have an oral inquiry (Raizada Trilok Nath case, supra]; and secondly, where the charges are not admitted the holding of oral inquiry is a statutory requirement and does not depend upon the asking of the employee [Shyam Sunder v. State, AIR 1957 Orissa 222].
Position where Original Document is Lost
861. Copies can be admissible during inquiry if - (i) loss of the original document is proved, and (ii) the copy produced is proved to be the correct copy (Anand Behari Lal y. Dinshaw & Co., AIR 1946 PC 24).
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