9911796707
TMI Blog2001 (8) TMI 774X X X X Extracts X X X X X X X X Extracts X X X X ..... ile his written statement and respondents have proceeded to appoint Enquiry and Presentation Officers. 2. Petitioner was working as Additional Commissioner (Customs) at relevant time in 1989-90 but was issued charge-sheet dated 5-11-1999 allegedly after 10 years or so charging him of some misconduct and requiring him to submit his written statement within 10 days. He made representations requesting for supply of copies of previously recorded statements of enlisted witnesses which was turned down by respondents. He felt aggrieved and filed OA No. 906/01 seeking quashment of the charge-sheet and filed MA No. 1190/2001 also along with for direction to respondents to supply him these copies and not to appoint the Enquiry Officer. Tribunal, on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his demand and to seek appropriate orders. The matter fell within his domain now and this Court was not competent to interfere. He also submitted that respondents did not propose to rely upon these statements and that petitioner was only wanting to prolong and avoid the inquiry by asking for one thing or the other. His concern was that it would open flood gates if delinquent employees were encouraged to ask for anything and everything at any stage. 6. There is no dispute that a delinquent employee was to be afforded an effective opportunity of being heard and was to be supplied all relied upon documents to enable him to prepare and set up his defence. But the dispute in the present case is whether petitioner was entitled to be given copie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng, Enquiry Officer shall furnish him such copies not later than three days before commencement of examination of prosecution witnesses. Sub-Rule 3 of this Rule also permits the Inquiring Authority to allow such servant discovery or production of documents which are in the possession of Government but not mentioned in the list referred to in Sub-rule (3). So does GOI, GI Central Vigilance letter dated 19-6-87 contained in a note to Instruction No. 25 supra provides among other things requires supply of copies of relied upon document and statements of cited witnesses. 10. All this shows that the relevant rules maintain a distinction between a document and statement of enlisted witnesses. It is not that once relied upon documents were suppl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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