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TMI Blog2023 (2) TMI 1357X X X X Extracts X X X X X X X X Extracts X X X X ..... s an independent adjudicator. He is a quasi-judicial authority. The said Officer is not supposed to be a representative of the department or the Disciplinary Authority. His function is to examine the evidence presented by the Department. Even in the absence of the delinquent employee, the enquiry officer has to perform, his duty to find out independently as to whether charges are proved or not. If the case of the department is based on some documents, those documents also needs to be proved. Some witnesses must be produced by the department and must be examined to prove the documents relied by the department. The Hon ble Supreme Court in the case of ROOP SINGH NEGI VERSUS PUNJAB NATIONAL BANK ORS [ 2008 (12) TMI 727 - SUPREME COURT] where i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Yadav, Advocate For the respondent(s): Mr. Gaurang Jagodia, A.C to G.P.-II 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner in this writ petition has challenged the resolution No. 2782/Ranchi dated 08.12.2008, whereby the departmental proceeding was initiated against the petitioner. Further the punishment order under Section 43(b) of the Jharkhand Pension Rules, 2000 which was imposed upon the petitioner for deducting 95% of the pension was challenged. 3. Learned counsel for the petitioner takes a very short point in this case. 4. He submits that department proceeding was initiated against the petitioner in terms of Rule 55 of the Civil Services (Classification, Control and Appeal), Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be examined to prove the documents relied by the department. A document which is not proved by oral evidence could not have been taken into consideration to arrive at a conclusion that the charge is proved. 7. The Hon'ble Supreme Court in the case of Roop Singh Negi Vs. Punjab National Bank and Others reported in (2009) 2 SCC 570 in para 14 has held 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 colle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examination of witnesses, where some documents are to be proved, will result in violation of the principle of natural justice, which will mean that no reasonable opportunity has been given to the delinquent to defend his/her case. Thus the entire proceeding and the enquiry stand vitiated. 10. Considering the aforesaid judgments, as the case in hand is squarely covered by the law laid down by the Hon'ble Supreme Court as admittedly none of the documents were exhibited, nor any witnesses were examined, I am inclined to quash the entire departmental proceeding including the order of punishment dated 23.01.2019 (Annexure-10). 11. The instant writ petition stands allowed. 12. The consequential benefits arising out of order of this court m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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