https://www.taxtmi.com/caselaws?id=162558 In disciplinary proceedings, non-furnishing of earlier witness statements does not automatically vitiate the enquiry; the decisive test is whether the employee suffered prejudice and was denied a fair hearing in the totality of circumstances. Here, access to the statements before examination, the absence of real prejudice, and conduct amounting to waiver meant the procedural lapse did not invalidate the enquiry or punishment. The non-examination of the complainant also did not make the finding one of no evidence, because the charge was supported by other witness testimony and documentary material. The disciplinary finding was therefore upheld as evidence-based and procedurally sustainable. en-us Wed, 27 Mar 1996 00:00:00 +0530 Wed, 15 Oct 2025 11:29:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=162558 In disciplinary proceedings, non-furnishing of earlier witness statements does not automatically vitiate the enquiry; the decisive test is whether the employee suffered prejudice and was denied a fair hearing in the totality of circumstances. Here, access to the statements before examination, the absence of real prejudice, and conduct amounting to waiver meant the procedural lapse did not invalidate the enquiry or punishment. The non-examination of the complainant also did not make the finding one of no evidence, because the charge was supported by other witness testimony and documentary material. The disciplinary finding was therefore upheld as evidence-based and procedurally sustainable. Case-Laws Indian Laws Wed, 27 Mar 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=162558