TMI Blog1991 (10) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... P-5) dismissing the petitioner from service. It is this order which has been challenged in the present writ petition. Before adverting to the submissions of the learned counsel for the petitioner, it may be observed that during the course of enquiry, petitioner was promoted as District Food Supplies Officer on 2.6.19881 2. Learned counsel for the petitioner raised the following points to challenge the impugned order (Annexure P-5):- 1. The impugned order is violative of rules of natural justice as well as Punjab Civil Services (Punishment Appeal) Rules, 1970 inasmuch as:- (a) copy of the preliminary enquiry report, which was relied upon by the prosecution was not supplied to the petitioner. (b) the witnesses who were not cited in the list of witnesses were examined by the enquiry officer. (c) the statements of the witnesses which were recorded during the course of preliminary enquiry have been relied upon by the enquiry officer without examining those witnesses and without giving copies of the statements of those witnesses. (d) there is violation of Rule 8(8) of the Punjab Civil Service (Punishment Appeal) Rules, as the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the enquiry report with the help of the learned counsel for the parties and we find that not only that the preliminary enquiry reports have been exhibited, but the Enquiry Officer even relied on these reports for coming to the conclusions against the writ-petitioners. In these circumstances, the non-supply of these documents had obviously prejudiced the defence of the writ-petitioners. Since the enquiry was vitiated as being against the principles1 of natural justice as no proper opportunity was given to the delinquent officials to defend themselves, we find no fault with the order of the learned Single Judge, 4. In the enquiry report, the preliminary enquiry report has been relied upon for recording the finding of guilt against the petitioner. The stand of the respondents in the written statement is that there was no need of supplying the preliminary enquiry report inasmuch as the sum and substance of the preliminary enquiry report was contained in the charge-sheet itself. After hearing the counsel for the parties on the point, I find considerable force in the argument of learned counsel for the petitioner. The preliminary enquiry report which was the basis of the find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the investigations and he had recorded the statements of witnesses like Brij Lal, Subhash Chander, Hari Singh etc. The said persons never appeared as witnesses. However I find from the enquiry report that the statements, which were recorded by Bhag Singh, of the persons mentioned above, have been relied upon by the Enquiry Officer to record the findings against the petitioner. This is certainly in violation of rules of natural justice. Apart from the fact that any previous statement of Bhag Singh, who appeared as a witness was not supplied to the petitioner, the other persons mentioned above were neither cited as witnesses nor they were produced in the enquiry, yet their statements recorded by Bhag Singh-witness, have been relied upon by the Enquiry Officer. Without giving copy of statement of those persons to the petitioner and offering the petitioner an opportunity to cross-examine those persons, the statements of the said witnesses could not be relied upon by the Enquiry Officer. The finding recorded by the Enquiry Officer against the petitioner is liable to be set aside on this point alone. 7. Learned counsel for the petitioner submitted that at no stage of the enquir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The petitioner in the present case had to convince the disciplinary authority and not the Director, Food Supplies that the finding recorded by the Enquiry Officer could not be sustained. (I) find that the submission of the learned counsel for the petitioner is well merited. The petitioner should have been heard by the disciplinary authority after the enquiry report was submitted and he was not to be personally heard by the Director, Food Supplies. In Union of India v. Mohd. Ramzan Khan, 1991 (1) SLR 159, Supreme Court has held that under the rules of natural justice, copy of the enquiry report which is submitted to the disciplinary authority must be supplied to the delinquent officer for the reason that it is before the disciplinary authority that the delinquent officer is to show that the enquiry report should not be accepted. Consequently I find that the rules of natural justice have been violated by the disciplinary authority by not affording a personal hearing to the petitioner. 10. Now coming to the second point that the enquiry was a mere farce inasmuch as the issue had already been pre-judged and no open mind was kept. In this regard, learned counsel drew my at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned counsel for the respondents on the other hand submitted that only a prima-facie view of the disciplinary authority had been disclosed and the mere use of the words as indicated above in the charge-sheet would not go to show that the disciplinary authority had already prejudged the issue; According to him, it was only after appreciation of evidence by the Enquiry Officer that the finding was recorded against the petitioner which was upheld by the Disciplinary Authority. 16. After hearing counsel for the parties on this point, I find merit in the submission of learned counsel for the petitioner. The use of the words in the Charge-sheet as indicated above do indicate as if the petitioner had already been found guilty and on the basis of some evidence which was in the possession of the disciplinary authority it already stood proved that the petitioner was guilty of the charge. As has been observed by the Supreme Court in Khem Chand's case (supra) that justice must not only be done but must also be seen to have bee??? done aptly applies to the facts of the present case. On this ground also, the whole enquiry proceedings are vitiated and the impugned order is liable ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
