Natural justice in disciplinary inquiries permits use of prior witness statements when fair opportunity to challenge them is given.

Quasi-judicial disciplinary inquiries are not governed by strict court procedure or technical rules of evidence, but they must afford a fair opportunity to meet the material relied on. The inquiry was found fair where prior witness statements from the preliminary inquiry were shown to the witnesses, the witnesses were recalled and made available for cross-examination, copies were supplied, and the delinquent officer could explain or challenge them. Repeating the earlier statements word for word in the officer's presence was treated as a matter of form, not substance. Clause 8 of section 545 of the Bombay Police Manual was therefore not found contrary to natural justice.

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Issues: Whether the disciplinary inquiry was vitiated because prior statements of witnesses recorded in the preliminary inquiry were admitted at the regular inquiry without recording their evidence afresh in the presence of the delinquent officer, and whether clause 8 of section 545 of the Bombay Police Manual contravened the rules of natural justice.

Analysis: Tribunals exercising quasi-judicial powers are not bound by the technical procedure of courts or by strict rules of evidence, but they must act fairly and give the person affected a fair opportunity to meet the material used against him. That requirement is satisfied when prior statements are put to the witness, the witness is recalled and tendered for cross-examination, copies of the statements are furnished, and the delinquent is enabled to explain or challenge them. The insistence that the earlier statements must be repeated word for word in the presence of the delinquent was treated as a matter of form rather than substance. On that basis, the procedure adopted at the inquiry was held to be consistent with natural justice, and the manual provision was not found to be invalid.

Conclusion: The disciplinary inquiry was not vitiated on the ground of breach of natural justice, and clause 8 of section 545 of the Bombay Police Manual was upheld.

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