03-09-2014 - Mr. Ashish Verma, learned Counsel appearing for the petitioner submitted that by the order under revision, dated 20.3.14, passed in CC Case No. 76/2011, the learned Lower Forum has wrongly rejected the prayer to cross examine the witnesses of the Complainant.
2. In the order dated 03.12.2004 passed in Original Petition No. 233 of 1996, in the case of Smt Indrani Bhattacharjee Vs CMO Farakka Super Thermal Power, the Hon ble National Commission has said -
“ Hence forth in all matters wherever there is a prayer for cross-examination of the witnesses by the learned advocates for the parties, learned advocates to produce the interrogatories on record and those interrogatories should be replied by the concerned parties on affidavit. Thereafter, the Commission would decide whether any further cross -examination on any point is necessary or not.
The State Commission as well as District Forums instead of recording the cross – examination may follow the practice of asking the parties to give interrogatories and thereafter reply of interrogatories on affidavits should be taken on record first instead of permitting the lengthy cross-examination.
Registry is directed to circulate this order to all the State Commissions with the request to circulate the same to all the District Forums. “
In view of the said order, the petitioner is permitted to produce the interrogatories on record of the learned Lower Forum, which should be replied by the O.P. on affidavit. Thereafter the learned Lower Forum is to decide whether further cross- examination on any point is necessary or not.
With these observations and directions this petition stands disposed of.
Issue free copy of this order to all concerned for information and needful.
Ranchi,
Dated:-3/09/2014