1000 TIT BITS ON DISCIPLINE -234
906. Denial of preliminary enquiry report for his cross examination is violation of Article 25(2) of the Constitution.
Inspector of Police who made preliminary enquiry examined – Delinquent official demanded copy of preliminary enquiry report for his cross examination which was refused. It vitiates the proceedings as it amounts to denial of reasonable opportunity to defence. Held. It amounts to denial of reasonable opportunity to defend themselves and therefore violative of Article 25(2) of the Constitution”
[Rule 14 (2) Karnataka High Court W.P No. 1546 & 1611 of 1977 decided on 21-10-1982 – P.Bharghava V Supdt. of Police Mangalore and others].
907. “The statement made in the preliminary enquiry cannot be taken into account unless confirm them during regular inquiry”
[Allahabad Bench. R.N. Pathak V UOI TA 997/1986 decided on 28-10-1986: ATC 1987(2) 822]
908. Departmental proceedings in criminal cases ordered to be stayed.
Held – if the departmental proceedings were allowed to continue with the criminal case, appellant would be forced to disclose his defence prematurely and his would prejudice his interest in the criminal case – Departmental proceedings ordered to be stayed”.
[Jai Prakash V UOI &Ors. (1991) ATC 214 – OA 1916 of 1990 decided by CAT ND on 30-11-1990]
[N.H. Bhatt. J. Gujarath High Court 1981 Lat IC 1547 – Special Civil Appeals No.1670 & 1671 of 1978 dtd 30-01-1981]
909. I.O cross examined – He cannot be a prosecutor and judge
The Principal Bench of CAT held that when the I.O had subjected the delinquent employee to cross examination and had thus assumed the role of both the judge as well as prosecutor that the fact of inquiry officer assuming the role of prosecutor vitiates the entire proceedings.
[Balhir Singh V UOI & ORS (1986) 1 ATR 195 (AT Principal Bench]
910. Statement made during the preliminary inquiry but subsequently retracted could not sustain the inflicting of a punishment of the charge sheet.
[R.N. Pathak V UOI & ORS R NO.397 of 1986(1) decided by CAT Allahabad on 28 10 1986 – (1987) 2 ATC 822]
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