UNION OF INDIA Vs. NARENDER SINGH

JUDGEMENT

(1.) THE writ petition was dismissed on December 05, 2001 noting that the decision impugned has since been implemented by the petitioner and the penalty of dismissal from service imposed upon the respondent being set aside he has been reinstated in service. However, on a challenge before the Supreme Court, order dated December 05, 2001 was set aside with a direction that the writ petition be heard and decided on merits.

(2.) THE petition has come up for final hearing today. We have heard learned counsel for the parties.

(3.) THE Tribunal has held that the possibility of bias of the Inquiry Officer could not rule out. The Tribunal has found some evidence of bias from the fact that the Inquiry Officer has not permitted respondent to examine six witnesses. The Tribunal has opined that the alleged interpreter who acted as a link between Afghan Nationals and the police officials being not examined would vitiate the inquiry. The Tribunal has opined that under the circumstances it has to be held that the respondent did not get sufficient and adequate opportunity to examine material witnesses to defend himself and thus there was a denial of natural justice.