Where facts are established by a statement made before a public servant - either under the Code of Civil Procedure, Code of Criminal Procedure or any other law, it shall be accepted as being true unless the accused is given an opportunity of stating his case, and if he is not so given, the facts shall be accepted as true, unless he is otherwise given an opportunity of stating his case. (IT Departmental Grievance Redressal Wing Manual Part - 4, Page No. 0001).
Two basic principles of natural justice are followed in the course of disciplinary proceedings against prosecutors. First, the delinquent prosecutor is entitled to be informed of the nature of the charges against him, that is, the grounds on which the charges are made against him. Secondly, the complainant is entitled to have a hearing, i.e., there must be a trial of the charges in accordance with law. The investigative and fact finding functions are vested in departmental authorities.
23. The disciplinary authority shall not deal with the offence in an arbitrary manner. It shall not act with a view to satisfy public opinion except in the public interest. It shall not impose any penalty without hearing the defendant. The proceedings cannot be unfair. The authority may not impose any penalty which is harsh and unconscionable. The authority may not act in haste. It should act with deliberation and should not act without a fair opportunity to the defendant. The authority shall not pass any order which is not based on a fair and objective evaluation of the facts or which is not in accordance with law. Its decision shall be based on the material presented by the complainant and the circumstances of the offence. It may not go beyond the material evidence in the record of the proceedings.
22. The hearing shall be fair and objective. No unfair advantage shall be taken of the fact that one party is a prosecutor. Proceedings against a prosecutor shall be conducted independently of any action taken by the prosecutor against the person against whom the proceedings are instituted. The hearing shall be attended by the accused and be on oath. It shall not only cover the facts that have been established, but may also cover any other facts that may have a bearing on the issue. Fair-minded investigation will not only include the consideration of material evidence but would also consider the role of the complainant in any matter that is relevant.
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