Sheshmani dwivedi


Both of them are distinguishable from the present case. They do not yield the right of cross examination by implication. Khare v. Add this Tweet to your website by copying the code below. We are unable to discern in the language of Rule 23 a silhouette of the right of cross-examination.

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    Hover over the profile pic and click the Following button to unfollow any account. Respondents counter the argument in two ways: 1 that Rule 23 is not law but only a departmental instruction; and 2 that if it is law, it does not provide for a hearing. They do not yield the right of cross examination by implication. Singh, whose statements were recorded sometime later behind his back.


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    Rule 23 pertinently reads:. Sharma to write out their version of the incident, and they did tender their version forthwith; two, the petitioner did not get any opportunity to cross-examine them as well as two other cadets.

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    As long as that order is there, he cannot complete the training; and until he completes the training, he is ineligible for appointment as a sub-inspector.

    On the completion of his training he is appointed as a sub-inspector on probation.

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    For the reasons already stated we are of opinion that Rule 23 does not envisage a trial-type of hearing.

    Sharma, in the barrack on December 13, Tweets not working for you? The rule then goes on to elucidate that the course of training is not designed to turn out 'fully qualified' investigating officers.

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    Gangadhar, Civil Appeals Nos. Do we not often find people guilty and punish them without permitting cross-examination of the adversary witness? The word 'cadet in the rule and Rule to suggest that a person in training is not a Government servant.


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    The only procedure for discharge or reversion is that he should question the probationer and record his statement. Viewing Tweets won't unblock Sheshmanidwive7 Yes, view profile.

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    The law permits the master to dismiss his servant for fault without any hearing The Prime Minister may dismiss his cabinet colleague for fault without hearing. Sharma, in the barrack on December 13, And the privilege is not inter-twined with the right to livelihood and the right to reputation.

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    1. If a probationary sub-inspector can be discharged or reverted for unfitness so summarily, a fortiori a cadet may be expelled from the college in like manner. His grievance is that he has been expelled without fair hearing.