AAMINBEN ABDUL GAFFARKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed with following prayer(s):-

(2.) The essential argument of learned advocate for the petitioner is two fold. Firstly, that though the petitioner is not aware to any inquiry, however, the apprehension is that the inquiry conducting officer has some bias and such bias amenetes from the fact that such officer himself had conducted the preliminary inquiry. The other issue, which is raised by the petitioner is with regard to non-supply of the necessary documents so as to enable the petitioner to file a detailed reply against the charge-sheet issued against the petitioner.

(3.) Needless to say that, even if an officer is appointed for holding a preliminary inquiry, would not necessary cause any bias in the mind of such officer, who is thereafter, to conduct the detailed inquiry pursuant to the charge-sheet issued. In the opinion of the Court, the departmental inquiry, which is required to be conducted is an independent process regardless of whoever conducts the preliminary inquiry. The Court, therefore, expects that even if, the preliminary inquiry is conducted by the officer appointed for such purpose, the same officer can conduct the departmental inquiry. However, such departmental inquiry is to be conducted in accordance with law and without being biased by the preliminary inquiry.