CWP No.16949 of 2008 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CWP No.16949 of 2008
Date of decision: 24.9.2008
Rajesh Sharma ..Petitioner
Versus
State of Punjab and another ...Respondents
CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA
HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Veneet Sharma, Advocate, for the petitioner.
Ashutosh Mohunta, J. (oral)
The grievance of the petitioner is that he be allowed to
cross-examine the witnesses who have appeared in the inquiry being
conducted against him.
Learned counsel submits that the petitioner could not
appear on one day before the Investigating Officer and subsequently two
witnesses have been examined who could not be cross-examined by the
petitioner as he was not present. The petitioner filed an application
(Annexure P-3) before the Enquiry Officer for setting aside ex-parte
proceedings against him, which has been decided vide order (Annexure
P-4) by permitting the petitioner to join the inquiry from the date of
passing of the order.
However, apprehension of the petitioner is that he would
not be allowed to cross-examine the witnesses who have already
CWP No.16949 of 2008 2
appeared as witness.
In view of the facts and circumstances of the case, we
permit the petitioner to cross-examine the two witnesses, who have
already deposed against him on 23.7.2008 in the inquiry being
conducted by respondent No.3. The petitioner is hereby given one
opportunity to cross-examine the witnesses.
The writ petition is disposed of.
(ASHUTOSH MOHUNTA)
JUDGE
(RAJAN GUPTA)
JUDGE
September 24, 2008
‘rajpal’