What happens if a witness who had given a statement during preliminary investigation changes stand to favour the delinquent?
7. What happens if a witness who had given a statement during
preliminary investigation changes stand to favour the delinquent?
Change of stand without any justifiable reason will amount to a misconduct and the
Government servant who is guilty of such a misconduct renders himself/herself liable
for disciplinary action. In this connection, Central Vigilance Commission Office Order
No.
Office Order No. 73/12/2005, dated: 15th December, 2005 provides as under:
3. Rule 16, Chapter XIII of Vigilance Manual Vol. I, provides that if a
Government servant, who had made a statement in course of a preliminary
enquiry, changes his stand during evidence in the enquiry, and if such action
on his part is without justification or with the objective of favouring one or the
other party, his conduct would constitute violation of Rule 3 of the Conduct
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Rules, rendering him liable for disciplinary action. Such misconduct in the
context of criminal cases becomes all the more grave.
4. The Commission is of the view that this unhealthy tendency on part of
public servants needs to be curbed effectively. The Commission, therefore,
desires that such misconduct, whenever reported by the CBI, should be
viewed with utmost seriousness and necessary disciplinary action initiated
promptly.