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"16.(iii) If the accused police of officer does not admit the
misconduct, the Enquiry Officer shall proceed to record
evidence in support of the accusation, as is available and
necessary to support the charge. As far as possible the
witnesses shall be examined direct and in the presence of the
accused, who shall be given opportunity to take notes of their
statements and cross-examine them. The Enquiry Officer is
empowered, however, to bring on record the earlier statement
of any witness whose presence cannot, in the opinion of such
officer, be procured without undue delay, inconvenience or
expense if he considers such statement necessary provided
that it has been recorded and attested by a police officer
superior in rank to the accused officer, or by a Magistrate
and is either signed by the person making it or has been
recorded by such officer during an investigation or a judicial
enquiry or trial. The statements and documents so brought
on record in the departmental proceedings shall also be read
out to the accused officer and he shall be given an
opportunity to take notes. Unsigned statements shall be
brought on record only through recording the statements of
the officer or Magistrate who had recorded the statement of
the witnesses concerned. The accused shall be bound to
answer any questions which the enquiry officer may deem fit
to put to him with a view to elucidating the facts referred to
in the statements of documents thus brought on record.