TMI Blog2002 (3) TMI 955X X X X Extracts X X X X X X X X Extracts X X X X ..... nt documents and for not affording a proper opportunity of hearing to the delinquent. It was also held that no basis for arriving at the figure of the amount sought to be recovered was given. The State Government felt aggrieved by the above order passed by the High Court in the writ petition. Hence, this appeal by Special Leave. The respondent was appointed as an Assistant Engineer on 19.2.1963, in the Irrigation Department of the State of U.P. He was later on posted as Assistant Engineer In- charge on 8.5.1979 against the vacant post of Executive Engineer in the Irrigation Construction Division, Matatila. It has been pointed out that as a consequence of some orders passed in the litigation pending in this Court, relating to promotions to the post of Executive Engineer, the Assistant Engineers were not being promoted as Executive Engineers but were posted as Assistant Engineers In-charge.. The Junior Engineers and the Assistant Engineers working in any project had been working under the overall supervision of the Assistant Engineer In-charge. During the period 16.5.1979 to 29.3.1981, the respondent had been looking after the execution of the work of the construction of Upper Raj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity was given to him to meet such evidence. As noted earlier the charges leveled against the respondent have been found to be proved in the departmental proceedings. It also appears that a Technical Committee was constituted to submit its expert report on the charges. The High Court after referring to number of paragraphs of the writ petition and facts narrated therein observed: We cannot ordinarily go into finding of the fact in the departmental proceeding but in this case we find that the rules of natural justice have been violated . A reference has been made to a decision of this Court reported in 1998 (6) S.C.C. 651 State of U.P. versus Shatrughan Lal wherein it has been held that non supply of copies of relevant documents, relied on in support of the charges, vitiates the inquiry. There cannot be any dispute in so far the above proposition of law is concerned. The High Court has rightly observed that the factual aspect pertaining to the charges and the findings recorded by the Inquiry Officer thereon would of course not be subject-matter of scrutiny in writ proceedings under Article 226 of the Constitution. The High Court, however, has found that copies of relevan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port. It indicates that the respondent received the charge-sheet as well as the relevant material in support thereof but the respondent had not been submitting the reply to the charge-sheet on the pretext of non-supply of copies of certain records which were also made available and were inspected by him on 18.12.1984. He was informed by the Inquiry Officer that all the record is available which could be seen and inspected by him. In this connection there seems to be some correspondence going on between the respondent and the authorities who have been furnishing the information and supplying the copies of the documents and have been permitting inspection of documents to the respondent with a request to submit a reply to the charge-sheet. In regard to the request of the respondent for cross-examination of Shri M.K. Jain, Executive Engineer, it was informed to him that since Shri Jain had expired, question of his cross-examination did not arise. The respondent was also provided personal hearing on 8.6.1987. It has been submitted on behalf of the appellant that all the relevant record as desired by the respondent was made available to him for inspection as well as the copies of the doc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udice was caused to him by non furnishing of a copy of the document. In support of this contention, reliance has been placed upon a case reported in 1987 (Supp.) S.C.C. 518 Chandrama Tewari versus Union of India. It has been observed in this case that the obligation to supply copies of documents is confined only to material and relevant documents which may have been relied upon in support of the charges. It is further observed that if a document even though mentioned in the memo of charges, has no bearing on the charges or if it is not relied upon or it may not be necessary for cross- examination of any witness, non-supply of such a document will not cause any prejudice to the delinquent. The inquiry would not be vitiated in such circumstances. In State of Tamil Nadu versus Thiru K.V. Perumal and others (1996) 5 S.C.C.474 relied upon by the appellant, it is held that it is for the delinquent to show the relevance of a document a copy of which he insists to be supplied to him. Prejudice caused by non-supply of document has also to be seen. In yet another case relied upon by the learned counsel for the appellant, reported in (2001) 6 S.C.C. State of U.P. versus Harendra Arora and ano ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idering the question as to what amounts to misconduct it was observed that an act or omission or lack of efficiency or failure to attain highest standard of administrative ability may not by itself amount to or constitute misconduct. Error of judgment in evaluating the developing situation may be negligence in discharge of duty but would not constitute misconduct. There was an outbreak of disturbances in the District of Nowgong, Assam where the officer was holding the post of Deputy Commissioner. The charge in that case seemed to have been that the officer showed complete lack of leadership while disturbances broke out and disclosed complete inaptitude or lack of foresight and lack of firmness to take quick and firm decision. We feel that it will be difficult to draw any analogy from the facts of the case relied upon by the learned counsel for the respondent. It also has however been observed that negligence in duty may amount to misconduct in certain cases where consequences be may directly attributed to the negligence of the delinquent resulting in heavy losses. In connection with the arguments advanced, as indicated in the preceding paragraph, it may be observed that no such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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