TMI Blog2013 (11) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... to disprove the statements given by the witnesses - If the witnesses had already retracted from their original statements, the petitioners would have been well advised not to ask for cross-examination at all - only those persons whose statements or whose documents or whose reports are relied upon will be made available for cross-examination – Decided in favour of Petitioner. - W.P. (MD) Nos. 1106-1108 of 2013 and M.P. (MD) No. 1 of 2012 - - - Dated:- 29-1-2013 - V. Ramasubramanian, J. Shri Mohammed Ibrahim Ali for M/s. A.S. Mujabur Rahman, for the Petitioner. Shri B. Vijayakarthikeyan, for the Respondent. ORDER The petitioners in these writ petitions challenge the orders passed by the Enquiry Officer, rejecting their requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equest of the petitioners for cross-examination. They are (i) that the petitioners prolonged the issue even without submitting an explanation to the show cause notices for more than one and half years; (ii) that the petitioners have not adduced any reasons for cross-examination of those persons; and (iii) that none of the witnesses have retracted from their original statements. 7. It is true that in the first writ petition, the petitioner took more than one and half years to give his explanation to the charge memo. I have no doubt that he has delayed the matter. But, the petitioner is in no way responsible for the respondents not proceeding with the enquiry ex parte. It is well within the powers of the respondents to have conducted the en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , a person gets two kinds of rights. The first set of right revolves around the right to peruse the documents relied upon by the department and the right to cross-examine the witnesses on whose statements, the enquiry or prosecution is based. The second set of right revolves around the right to produce the witnesses and documents in defence. If a person facing an enquiry seeks to summon some persons to be examined in his defence or seeks to summon some documents to be produced in support of his defence, it is open to the enquiry officer to ask the delinquent to justify such a request by adducing reason. But, insofar as cross-examination is concerned, no justification need be provided in the form of reasons by a delinquent. The very fact tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that the petitioners in the second and the third writ petitions never even asked for an opportunity for cross-examination. On record, it is only the petitioner in the first writ petition, who sought an opportunity for cross-examination. Therefore, the learned Standing Counsel contended that the petitioners in the other two writ petitions cannot insist, without even making a demand. But, unfortunately, I am not dealing with a Writ of Mandamus. Without a request being made by the petitioners in the other two writ petitions, their right to cross-examination has been aborted by a written order, which is impugned in these writ petitions. In other words, even without a request, there has been a foreclosure of the objection. That foreclosur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e author of those documents or the witnesses, whose statements are indicated in the said communication shall be made available for cross-examination by the petitioners. (iii) The communications shall be sent in advance at least with a seven days time to inform the petitioners to appear and cross-examine the witnesses. 15. It is made clear that only those persons whose statements or whose documents or whose reports are relied upon will be made available for cross-examination. Neither the petitioners will ask for cross-examination of others nor the respondents will rely upon anything other than those whose statements and reports are relied upon. 16. Consequently, the connected miscellaneous petitions are closed. No costs. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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