VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 512
921
Sec. 159 of the Evidence Act is couched in a language
recognising the aforesaid necessity. The section reads thus:
“159. Refreshing memory— A witness may, while under
examination, refresh his memory by referring to any writing made by
himself at the time of the transaction concerning which he is
questioned, or so soon afterwards that the Court considers it likely
that the transaction was at that time fresh in his memory.
The witness may also refer to any such writing made by any
other person, and read by the witness within the time aforesaid, if
when he read it he knew it to be correct.”
The objection of the defence counsel when Investigating
Officer wanted to reply by referring to the records of investigation is,
therefore, untenable and unjustified. The trial court should repel such
objections.
(512)
(A) Departmental action and retirement
(B) Pension Rules — date of institution of proceedings
(D) Suspension — is date of initiation of proceedings
under Pension Rules
Departmental proceedings against a retired
employee are deemed to be instituted on the date
of suspension, where suspension is in
contemplation of disciplinary proceedings.
M.N. Bapat vs. Union of India,
2001(1) SLJ CAT BAN 287
The Tribunal considered the question whether the disciplinary
proceedings could be deemed to have been initiated on the date of
suspension in terms of rule 9 of the Central Civil Services (Pension)
Rules, 1972. The Tribunal observed that sub-rule 6(a) stipulates