Cross-examination in FEMA adjudication is not an absolute right, but omitted requests for other witnesses need reasoned reconsideration.

In FEMA adjudication, denial of cross-examination of the investigating officer was upheld because cross-examination is not an absolute right in every proceeding. However, the request also covered other witnesses whose statements were already on record, and that aspect had not been considered by the adjudicating authority. The matter therefore required limited reconsideration on that specific request, with a reasoned order to be passed after hearing the appellant. The challenge to an unqualified right of cross-examination failed, but the request concerning witnesses other than the investigating officer was left open for fresh decision.

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Issues: Whether denial of cross-examination in FEMA adjudication was justified and whether the request for cross-examination of witnesses other than the investigating officer required fresh consideration.

Analysis: The order rejecting cross-examination of the investigating officer was upheld, as cross-examination is not an absolute matter of right in every adjudication. However, the request also covered other witnesses whose statements were on record, and that aspect was not dealt with by the adjudicating authority. The matter therefore required limited reconsideration on that part, with reasons to be recorded after hearing the appellant.

Conclusion: The challenge failed insofar as the claim of an unqualified right to cross-examine was concerned, but succeeded to the limited extent of requiring the Special Director to reconsider the request for cross-examination of witnesses other than the investigating officer by passing a reasoned order.

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