AIR 1964 MADRAS 491 ::(1965) 2 LabLJ 66

Madras High Court

Hon'ble Judge(s): S. Ramachandra Iyer , C.J. AND Ramamurti , J

Master and Servant - Municipal Servant - Domestic inquiry - Natural justice - Principles of - Rule as to recording of oral evidence - Copies of depositions already recorded read over and got verified by witnesses in presence of person charged - Witnesses cross-examined - Held there was substantial compliance with rule - There was no violation of principles of natural justice. It is not necessary that in a domestic enquiry the entire oral evidence of the witnesses should be recorded in the presence of the person charged. There will be no violation of the principles of natural justice if the copies of statements of witnesses recorded in the absence of the person charged are given to him and the witnesses were also tendered for his cross-examination.(Para 8) Where the rules relating to the appointment and punishment of the servants, of Municipal Committee required that the oral evidence (in case of oral inquiry) should be recorded in the presence of the person charged, but at the enquiry, statements were taken from some of the witnesses, and later on those statements were read over and got verified by those witnesses in presence of the servant charged, and the witnesses were cross-examined : Held that the procedure adopted by the Municipality was in substantial compliance with the rules and the servant had been give....