Published on: 15 January 2023 at 08:29 IST
Court: Supreme Court of India
Citation: K.L. Tripathi v. State Bank of India (1984)
Honourable Supreme Court of India has held that a person has a right to cross-examination before a Quasi-Judicial Authority. It is held that right of cross-examination is part of fair play in action. However, it is held that when on the question of facts there is no dispute, no real prejudice is been caused to a party aggrieved by an order, by the virtue of absence of any formal opportunity of cross-examination.
However, when there is a dispute on the facts with lack of opportunity to test the veracity of the version or the credibility of the statement of the witness, the absence of the fair opportunity of Cross Examination of the Witness would become a ground to set aside an impugned order.
40. In substance, in the facts and circumstances of this case, the provision of the rules under which the enquiry was conducted, the procedure mentioned above has been followed. Here also the appellant was allowed to show that the evidence against him was not worthy of credence or consideration. The evidence was discussed.
His explanation was sought for and recorded. The materials and other records were shown to him. He did not ask for any chance to cross-examine the witness or to examine himself or any other witness in support of his defence. Indeed, as we have noted before, he admitted the facts.
He was also given in addition an opportunity of showing that he has not been guilty of any such misconduct as to merit the particular punishment proposed to be meted out to him. This opportunity was given. He gave his explanation and that was considered.
He asked for a personal hearing which, we have noted in this case, was duly given to him. We are, therefore, of the opinion that the aforesaid passage relied on behalf of the appellant would not be of any assistance to the appellant in this case.
Drafted By Abhijit Mishra