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Section 8B – The Commissions of Inquiry Act, 1952

The Commissions of Inquiry Act, 1952

 

 

8B. Persons likely to be prejudicially affected to be heard –

 

1If, at any stage of the inquiry, the Commission-

 

(a) Considers it necessary to inquire into the conduct of any person or

 

(b) Is of opinion that the reputation of any person is likely to be prejudicially affected by the inquiry.

 

The commission shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence.

 

Provided that nothing in this section shall apply where the credit of a witness is being impeached.

 

Comments

 

If witnesses otherwise satisfy the requisite conditions of this provisions so as to come under its ambit, they have to be examined at the end of the inquiry and not at the beginning thereof, irrespective of the fact of issue of notices to them which conditions is definitely not an essential ontemplation under this provision, Kiran Bedi v. Committee of Inquiry, AIR 1988 SC 2252.

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1. Ins. by Act 79 of 1971, sec. 13 (w.e.f. 30-12-1971).

 

 

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The Commissions of Inquiry Act, 1952

 

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