2022 (10) TMI 509

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... brief would indicate that the petitioner was appointed as a Junior clerk with the Sales Tax Department on compassionate grounds on 23.04.1999. An FIR was lodged on 24.09.2017 being C.R. No. I04/2017 before the CID Crime, Ahmedabad Zone Police Station where the petitioner was arraigned as accused no. 3. The FIR pertained to some bogus billing being carried out by the main accused one Nilesh Mali. Pursuant to the said FIR, the petitioner was suspended from service on 31.05.2017. According to the petitioner, on an investigation carried out pursuant to the FIR, C-Summary has been filed in the proceedings. 3.1 The petitioner's suspension since was continued for a long period of time even after the issuance of a chargesheet dated 20.02.2018, th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ervices (Discipline and Appeal) Rules, no evidence was led and therefore the proceedings and the consequential dismissal order must be quashed and set aside. In support of his submissions Mr. Oza would rely on the following decisions: (i) Kuldeep Singh vs. Commissioner of Police and Others reported in (1999) 2 SCC 10; (ii) Roop Singh Negi vs. Punjab National Bank and Others reported in (2009) 2 SCC 570; (iii) Lucknow Kshetriya Gramin Bank and Another vs. Rajendra Singh reported in (2013) 12 SCC 372. 5. Mr. Kurven Desai, learned AGP appearing for the respondent State would rely on the inquiry officer's report and submit that a detailed examination of each charge respectively was done. He submitted that the inquiry officer's report bas....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....not over or completed, and no final order is passed before 31.03.2022, the suspension of the petitioner shall stand revoked. It is clarified that, the petitioner shall fully cooperate with the departmental proceedings. With the aforesaid observation, the present petition stands disposed of. Notice is discharged." 7. Reading of the inquiry officer's report would indicate that each charge is reproduced, the response of the petitioner delinquent and the defence is set out. The Presenting Officer's submission is set out and then the Inquiry Officer has held the charges to be proved. When the charge-sheet is considered, what is apparent is that the charge-sheet relies on several documents in order to bring home the charges against the petit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....esses on any points on which they shall have been cross-examined, but not on any new matter, without the leave of the Inquiry Authority. The Inquiry Authority may also put such questions to the witnesses as it thinks fit." 8. The decision in the case of Roopsingh Negi (supra) in paras 14 and 23, observe as under: "14. Indisputably, a departmental proceeding is a quasi judicial proceeding. The Enquiry Officer performs a quasi judicial function. The charges leveled against the delinquent officer must be found to have been proved. The enquiry officer has a duty to arrive at a finding upon taking into consideration the materials brought on record by the parties. The purported evidence collected during investigation by the Investigating Offic....