Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Government Servant Evidences of witnesses in preliminary investigation brought on record Bombay Police Manual |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Remanded |
Headnote | Government Servant—Enquiry—Evidences of witnesses in preliminary investigation brought on record—Witnesses tendered for cross-examination—Principle of natural justice if satisfied— Bombay Police Manual, s. 545(8). After an enquiry held under s. 545 of the Bombay Police Manual the pay of the respondent was reduced from 125/- to Rs. 120/- per month. During the enquiry the witnesses who had been examined at the preliminary investigation were recalled and their previous statements were brought on record and after putting few question to them they were tendered for cross-examination by the respondent and in fact that they were cross-examined in detail. The respondents appeal to the Deputy Inspector General of Police was not only dismissed but the officer in exercise of his powers in revision ordered his dismissal. The respondent filed a writ petition in the High Court of Mysore challenging the validity of the order of dismissal on the ground inter alia that the enquiry by the Deputy Superintendent of Police was conducted in disregard of the rules of natural justice.The High Court agreed with the above view and the order of dismissal was set aside. The . High Court further held that s. 545(8) of the Bombay Police Manual was bad as it contravened principles of natural - justice.The Mysore Government came up in appeal by special leave to the Supreme Court.Held, that the purpose of an examination in the presence of a party against whom an enquiry is made, is sufficiently achieved, when a witness who has given a prior statement is recalled, that statement is put to him, and:made known to the opposite party, and the witness is tendered for cross examination by that party. Held, also, that tribunals exercising quasi-judicial functions are not courts and that therefore they are not bound to follow the procedure prescribed for trial of actions in Courts nor are they bound by strict rules of evidence. They can unlike courts, obtain all information material for the points under the enquiry from all sources, and through all channels, without being fettered by rules and procedure, which govern proceedings in court. The only obligation which the law casts on them is that they should not act on any information which they may receive unless they put it to the party against whom it is to be used and give him a fair opportunity to explain it. What is a fair opportunity depend on the facts circumstances of each case but where such an opportunity has been given, the proceedings are not open to attack on the ground that the enquiry was not conducted in accordance with the procedure followed in courts. Held, further, that cl. 8 of s. 545 of the Bombay Police Manual is not bad as contravening the rules of the natural justice. |
Judge | Hon'ble Mr. Justice T.L Venkatarama Aiyyar |
Neutral Citation | 1962 INSC 193 |
Petitioner | State Of Mysore |
Respondent | S. S. Makapur |
SCR | [1963] 2 S.C.R. 943 |
Judgement Date | 1962-05-03 |
Case Number | 400 |
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