Indian Kanoon - Search engine for Indian Law

Para-27 of the judgment is reproduced below:

27. This rule which lays down the procedure to be followed in the departmental inquiry itself postulates examination of all the witnesses in the presence of the accused who is also to be given an opportunity to cross examine them. In case, the presence of any witness cannot be procured without undue delay, inconvenience or expense, his previous statement could be brought on record subject to the conditions that the previous statement was recorded and attested by a police officer superior in rank than the delinquent. If such statement was recorded by the Magistrate and attested by him, then also it could be brought on record. The further requirement is that the statement either should have been signed by the person concerned, namely, the person who has made that statement, or it was recorded during an investigation or a judicial inquiry or trial. The Rule further provides that unsigned statement shall be brought on record only through the process of examining the Officer or the Magistrate who had earlier recorded the statement of the witness whose presence could not be produced.