SANJEEV KUMAR TIWARI S/O SHESHNARAYAN TIWARI Vs. STATE OF CHHATTISGARH THROUGH PRINCIPAL, SECRETARY, HOME DEPARTMENT

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally and disposed of at the motion stage itself.

(2.) The challenge in the present writ petition is to the order Annexure P/4 dated 21.01.2019, whereby the respondent No.2 has remanded the departmental enquiry to the Inquiry Officer from the stage of cross-examination of the defense witness and further has directed the Inquiry Officer to submit a fresh report after due appreciation of the evidences adduced on behalf of the Department.

(3.) The contention of the counsel for the petitioner at the outset is that the impugned order is bad in law for the reason that first of all the Superintendent of Police i.e. the respondent No.2 could not have remanded the matter back without giving an opportunity of hearing to the petitioner. He further submits that even otherwise the finding of the respondent No.2 in not accepting the inquiry report submitted by the Inquiry officer on account of the defense witnesses not being cross-examined by the Inquiry officer also is an illegal proceeding, as such is not the requirement of law and that cross-examinations are never to be done by the Inquiry officer, it has to be done only by the Presenting Officer as well as by the delinquent employee or his co-worker and not the Inquiry officer.