Procedure of Cross-Examination should adhere to principles of Natural Justice: Delhi High Court

Citation: Manjeet Singh v Indraprastha Gas (Delhi High Court, W.P.(C) 6352/2016) Highlights Cross Examination must be written not verbal. It is important to treat the goodwill, fair name and dignity of the innocent with utmost care Facts The petitioner (Manjeet Singh) appealed before the High Court, seeking the quashing of the report of the Internal Complaints…

Legal Updates • June 23, 2018 • 307 views • By ungender

Cross-Examination of witnesses cannot be denied to the accused: Delhi High Court

Citation: Manjeet Singh v Indraprastha Gas (Delhi High Court, W.P.(C) 6352/2016)

Highlights

Cross Examination must be written not verbal.
It is important to treat the goodwill, fair name and dignity of the innocent with utmost care

Facts

The petitioner (Manjeet Singh) appealed before the High Court, seeking the quashing of the report of the Internal Complaints Committee (ICC) of the respondent (Indrapastha Gas Limited). The ICC had charged the petitioner of sexual harassment which had resulted in his demotion.

Issues

Whether the process of cross-examination adhered to the principles of natural justice.

Judgement

The decision of the ICC was set aside by court. It was held that since the charges of sexual harassment against the petitioner had not been corroborated by any of the other employees the conclusion drawn had to be set aside. Furthermore, the right to cross-examine the complaint as envisaged law was denied to the petitioner, and therefore the inquiry proceedings suffered from legal infirmity.

Rationale

The proceedings conducted by the Internal Complaints Committee must adhere to the principles of natural justice. The accused must be given the opportunity to cross examine the complainant and the cross-examination must be written and not verbal.