TMI Blog2008 (12) TMI 828X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent's original application, was dismissed. 3. Respondent, at all material times, was and still is working as Inspector of Works at Satna. Allegedly, on the premise that he had accepted substandard quality of wood, a charge-sheet was issued. Indisputably, the procedure for imposition of major penalties on Railway Servants is governed by Chapter V of Establishment Code Volume-I; paragraph 3 whereof reads as under: 3. Appointment of Board of Inquiry or Inquiring Officer (R. 1710). The Disciplinary Authority may enquire into the charges itself or if it considers necessary, it may, either at the time of communicating the charges to the Railway servant under Rule 1709 or at any time there after, appoint a Board of Inquiry or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iry. EX AEN (C) STA Shri B.S. Walia, who is of course is a Rly. Witness but since he is very much involved in measurements and checking in supply, he may be specifically be requested to be present to clear many contradiction to enable the inquiry officer to derive at a fair and free judicious conclusion. 6. The said letter was not responded to. It was not rejected either. Concededly, the said Mr. Walia was not examined. 7. In the disciplinary proceedings, respondent was found guilty. Punishment of reduction of pay to the lower stage in the scale of 6500- 10500/- for a period of two years with cumulative effect was imposed on him by the disciplinary authority by an order dated 6.1.1998. He preferred an appeal there against before th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he argument advanced by the respondents also does not seem to be proper and justified. The enquiry officer must be junior to the disciplinary authority. He may be of any department. If the enquiry officer is senior to the disciplinary authority, the same is neither legal nor justified and it is against the principles of natural justice. 9. The writ petition filed by the appellant has been dismissed by the High Court by reason of the impugned judgment. 10. Ms. Rajni Ohri Lal, learned Counsel appearing on behalf of the appellant, would submit that respondent cannot be said to have been prejudiced by reason of the appointment of the Chief Engineer as an enquiry officer who was on deputation to Vigilance Department as he was from a differ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation No. 1001. Correlating the word Engineer with GCC implied Divisional Engineer and hence the interpretation was extended accordingly in the circular referred above. However, after reconsidering the matter and going through the instructions on delegation of powers in respect of measurement (RB's letter No. 71/W1/CT/16 dated 23.7.87) it is seen that AEN is responsible for correctness of m/ment for all works. Wood work and other materials have been traditionally been passed by Asst. Engineer. Hence, it has been decided by CE in partial modification of above circular that woodwork shall continue to be passed by Asst. Engineer. 13. Respondent, in his defence, contended that the measurement book was checked by Mr. Walia on 5.7.1991 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y conducted. An enquiry officer is a quasi judicial authority. He, therefore, must perform his functions fairly and reasonably which is even otherwise the requirement of the principles of natural justice. 18. In M.V. Bijlani v. Union of India and Ors. (2006)IILLJ800SC , this Court has held: Although the charges in a departmental proceeding are not required to be proved like a criminal trial i.e. beyond all reasonable doubt, we cannot lose sight of the fact that the enquiry officer performs a quasi-judicial function, who upon analyzing the documents must arrive at a conclusion that there had been a preponderance of probability to prove the charges on the basis of materials on record. While doing so, he cannot take into consideration an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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