Though your question is not that clear, it appears that you are perhaps referring to a scenario where the disciplinary proceeding is based entirely on documentary evidence and not on oral evidence of any witness.
Usually, it is necessary to introduce the documentary evidence through some witness so that the charged officer can cross-examine him, if he wants to. But, there are cases where the charged officer would not object to the documents being admitted in the proceedings, in which case it may not be necessary to call a witness to introduce those documents. This applies to cases where the charges are based on documentary evidence only, and it is generally said that a document speaks for itself. In fact, the Evidence Act (though, strictly speaking, it is not fully applicable in departmental proceedings) also lays down that a document has to be proved by its primary evidence, which means production of the document itself for inspection of the court.
Therefore, the answer to your question would depend on the facts and circumstances of each case. You may consult some legal expert by showing him all the relevant papers in your departmental proceeding to get a proper advice.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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