P LOPPAS SAMUEL Vs. MADRAS CHRISTIAN COLLEGE

JUDGEMENT

(1.) THESE writ appeals raise an interesting question as to whether the evidence tendered by a person as a witness in a criminal case, can be the subject matter of disciplinary proceedings.

(2.) A few facts relevant for the determination of the issue on hand, are as follows:-

(3.) MR. V. SELVARAJ, learned counsel appearing for the appellants contended that a witness enjoys absolute privilege in respect of his deposition before a court of law and that if he were to be exposed to the risk of a departmental proceeding on the basis of whatever he deposed in a court of law, then no witness would come forward to speak the truth before a court of law. The learned counsel drew analogy for this proposition of his, from the immunity granted to a witness under the Proviso to section 132 of the Indian Evidence Act, 1872. Section 132 of the Indian Evidence Act, 1872 reads as follows:-