Dear friends,
In rule 14 procedure evidence recording is a main and mantadory one. Evidence are two types 1) oral 2) documentary. Further these are categorized as a) material or direct evidence b) circumstantial evidence and c) hearsay evidence.
Of these three types material evidence is the most vital evidence . for example an eye witness in a case is a material witness and a material documents in case on which the articles of charge are based is a material evidence.
Circumstantial evidence is a indirect evidence which prove the fact of the case through direct evidence.
Hearsay evidence is a third party evidence generally it had no legal validity since it has no link with the fact of the case. However genuine hearsay evidence may be permitted in the departmental proceedings.
Evidences are recorded on the day of regular hearing only. First the evidence of disciplinary authority is recorded and after completion of it then the evidence of defence side is recorded.
CROSS EXAMINATION : This is the most important part in recording of evidence. This examination is done by the opponent side of the witness. The duty of the person who is cross examining the witness is to disprove or break the credibility of witness by asking leading questions. Leading questions should not be asked during examination in chief and re examination of witness.
There are different types of witnesses.
1) Prosecution witness : Produced on behalf of disciplinary authority.
2) Defence Witness : Produced on behalf of charged official.
3) Hostile Witness : A witness who deposes in a manner so as to adversely affect the case of the calling party. Such witness will be cross examined by the calling party itself.
4) Court witness : The inquiring authority shall call a person as court witness if his name is dropped out by either of the parties ,i.e disciplinary authority or Charged official, even though his name finds a place in the charge sheet. The court witness is cross examined by both presenting officer and defence assistant.
Tenkasi . with greetings,
14.11.2018 . G.Mariappan.
In rule 14 procedure evidence recording is a main and mantadory one. Evidence are two types 1) oral 2) documentary. Further these are categorized as a) material or direct evidence b) circumstantial evidence and c) hearsay evidence.
Of these three types material evidence is the most vital evidence . for example an eye witness in a case is a material witness and a material documents in case on which the articles of charge are based is a material evidence.
Circumstantial evidence is a indirect evidence which prove the fact of the case through direct evidence.
Hearsay evidence is a third party evidence generally it had no legal validity since it has no link with the fact of the case. However genuine hearsay evidence may be permitted in the departmental proceedings.
Evidences are recorded on the day of regular hearing only. First the evidence of disciplinary authority is recorded and after completion of it then the evidence of defence side is recorded.
CROSS EXAMINATION : This is the most important part in recording of evidence. This examination is done by the opponent side of the witness. The duty of the person who is cross examining the witness is to disprove or break the credibility of witness by asking leading questions. Leading questions should not be asked during examination in chief and re examination of witness.
There are different types of witnesses.
1) Prosecution witness : Produced on behalf of disciplinary authority.
2) Defence Witness : Produced on behalf of charged official.
3) Hostile Witness : A witness who deposes in a manner so as to adversely affect the case of the calling party. Such witness will be cross examined by the calling party itself.
4) Court witness : The inquiring authority shall call a person as court witness if his name is dropped out by either of the parties ,i.e disciplinary authority or Charged official, even though his name finds a place in the charge sheet. The court witness is cross examined by both presenting officer and defence assistant.
Tenkasi . with greetings,
14.11.2018 . G.Mariappan.
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