Departmental enquiry fails when relied-upon documents are unproved and witnesses are not examined, vitiating pension deduction

Departmental enquiries must function as quasi-judicial proceedings, and where the employer relies on documentary material, those documents must be proved through oral evidence and supporting witnesses. Unproved documents alone cannot establish the charges, and failure to examine witnesses to prove the relied-upon material violates natural justice. On the stated facts, no witnesses were examined and no documents were exhibited, so the proceeding was held vitiated and the punishment order deducting pension was set aside with consequential relief.

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Issues: Whether the departmental proceeding and the punishment order imposing deduction of pension were liable to be quashed for want of proof of the departmental documents and non-examination of witnesses.

Analysis: The departmental enquiry was required to be conducted as a quasi-judicial process by an independent enquiry officer. Where the department relies on documents, those documents must be proved through oral evidence and supporting witnesses. Unproved documents cannot form the basis of a finding that the charges stand established. The admitted position was that no witnesses were examined and no documents were exhibited in support of the charges.

Conclusion: The departmental proceeding was vitiated and the punishment order was liable to be set aside.

Final Conclusion: The writ petition succeeded and the entire departmental proceeding, including the punishment order, was quashed with consequential reliefs.

Ratio Decidendi: In a departmental enquiry, charges cannot be held proved on the basis of unproved documents alone; failure to examine witnesses to prove the relied-upon material violates natural justice and vitiates the proceeding.

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