Preliminary enquiry material cannot indict an employee in departmental proceedings; any action must follow an independent hearing and lawful decision.

Material from a preliminary enquiry cannot be used to indict an employee in a departmental proceeding, and any proposed action must rest on an independent decision taken after hearing the employee. The Court recorded that the Tribunal had clarified this position in relation to the Special Enquiry Team report and that reliance on such material would be impermissible unless lawfully considered in a separate proceeding. The writ petition was disposed of as not pressed, with the further clarification that the SET evidence would not be relied upon in any departmental enquiry against the petitioner except in accordance with law.

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Issues: Whether the findings of the Special Enquiry Team could be relied upon against the petitioner in the proposed departmental enquiry.

Analysis: The Court noted the settled position that material from a preliminary enquiry cannot be used to indict an employee in a departmental proceeding, and also recorded the Tribunal's clarification that any action on the basis of the SET report would require an independent decision after hearing the petitioner.

Outcome: The writ petition was disposed of as not pressed, with clarification that the SET evidence would not be relied upon in any departmental enquiry to be held against the petitioner as per law.

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