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HR dept refusing to give evidence to me and committee asking for it


16-Jan-2023 (In Criminal Law)

Committee sat for first time on a false sexual harassment complaint and asked accused to get copy of camera recording which recorded the incident from HR Deptt.But HR Deptt is refusing saying recording can only be given to committee and not to accused as it is company property. What is the remedy available to the accused

Answers (3)

Answer #1
975 votes
If there is any evidence against the "accused", accused has all the right to have a copy of the same and submit objections, if any, to the same. Accordingly, a representation on the said terms should be made to the Committee and the copy should be demanded. If not given despite written representation, then a petition can be made to the court for providing the same to the "accused".
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Advocate Avneesh Garg

Adv. Avneesh Garg

LawRato Delhi | 25+ Answers
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Answer #2
670 votes
The accused has a right to produce/secure all such evidence as he wishes to rely upon. Since the nature of committee and the procedure followed by it to decide the charges cannot be made out from the give facts, it is not possible to identify/opine upon the correct course available to you. However, you may try making representations, in writing and against receipt/acknowledgment to the committee to summon the recordings and other evidence that you wish to rely upon as it is the prerogative of the committee or any body sitting in judicial capacity to secure best evidence. If despite your representations, the said evidence is not summoned, you may seek recourse by seeking intervention of appropriate judicial authorities.
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Advocate Puneet Kumar Agarwal

Adv. Puneet Kumar Agarwal

LawRatoDelhi | 5+ Answers
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Answer #3
987 votes
Hi, Let me know the details case, I will certainly help you out. It is the right of accused to know the offence accused off. If you tell me the detailed case, the name of department and the proceeding going against you. The the picture of defence will be more clear. Ganesh Singh Advocate
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Advocate Ganesh Singh

Adv. Ganesh Singh

LawRatoDelhi | 5+ Answers
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