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Service Law: For inflicting major penalty, the department must prove the charges by oral evidence

In Rajendra Prasad Srivastava vs State Of U.P., The brief facts of the petition are that the petitioner, while working as Manager and also Divisional Incharge of Mirzapur Division of the respondent no.2, U.P. State Employee Welfare Corporation, 742, Jawahar Bhavan, Lucknow, was suspended from service by the order dated 20.06.2013. A Charge Sheet dated 20.07.2013 was served upon him charging him of 3 charges of indiscipline, negligence and of causing loss to the Corporation, on account of collusion with the contractor and transporter.

The petitioner submitted his reply to the Charge Sheet on 22.08.2013, denying the charges and asserted that whatever illegality was there has been committed by one Sushil Kumar Srivastava, the Centre Incharge. An Enquiry Officer was appointed to conduct disciplinary enquiry against the petitioner and without holding any oral enquiry, he tendered his enquiry report dated 27.01.2014. The Copy of Enquiry Report was furnished to the petitioner alongwith a Show Cause Notice dated 24.06.2015 by the respondent no.2, to which the petitioner submitted his reply on 29.07.2015. The respondent no.2 thereafter passed the impugned punishment order dismissing his from service and directing recovery of an amount of Rs.21,24,648/- plus interest amount to Rs.5,73,364/-, hence the petitioner has filed this writ petition.

The second argument raised on behalf of the petitioner is that the Enquiry Officer did not conducted any oral enquiry and no opportunity was given to him to cross examine the prosecution witnesses, on whose complaint and statements charges were based and, therefore, the enquiry was against the principles of natural justice.

The court further held that it is trite law, that the departmental proceedings are quasi judicial proceedings. The Inquiry Officer functions as quasi judicial officer. He is not merely a representative of the department. He has to act as an independent and impartial officer to find out the truth. The major punishment awarded to an employee visit serious civil consequences and as such the departmental proceedings ought to be in conformity with the principles of natural justice. Even if, an employee prefers to participate in the enquiry the department has to establish the charges against the employee by adducing oral as well as documentary evidence. In case the charges warrant major punishment then the oral evidence by producing the witnesses is necessary.

The court further said, We may hasten to add that the above mentioned law is subject to certain exception. When the facts are admitted or no real prejudice has been caused to employee or no other conclusion is possible, in such situation the order shall not be vitiated. Reference may be made to the some of the decision of Supreme Court in K.L.Tripathi v. State Bank of India reported AIR 1994 SC 273; State Bank of Patiala v. S.K. Sharma reported AIR 1996 SC 1669 and Biecco Lawrie Ltd. V. West Bengal reported (2009) 10 SCC 32.

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