LAL BABOO Vs. STATE

JUDGEMENT

(1.) THE only contention raised by learned counsel for petitioner is that the defence taken by petitioner has not been believed by authorities concerned in holding the charges proved and, therefore, the impugned orders are illegal. He submitted that in respect to allegation of his absence from 20.2.1999 to 23.2.1999 and 28.4.1999 to 7.3.1999, he had submitted written letter of Gram Pradhan showing that he had gone thereto and that from 5.3.1999 and onwards he was absent on account of illness for which medical certificate was also submitted but these documents have not been believed by authorities concerned and instead they have relied on the complaint and report submitted by Collection Amin with whom petitioner was attached though petitioner did not accompany him for collection proceeding during aforesaid period.

(2.) WHETHER an evidence is to be believed or not is within the domain of administrative authorities and unless it is shown that findings recorded by authorities concerned is perverse or contrary to material on record, no interference in judicial review in departmental inquiry matter should be made.

(3.) IN Bareilly Electricity Supply Company Ltd. Vs. Workmen and Ors. 1971 (2) SCC 617, the Apex Court held that the procedure prescribed in the Evidence Act is not applicable in the departmental proceedings and the only requirement is that the evidence should be collected by giving due opportunity to the delinquent employee as well. Something, which is not a legal evidence may not be acted upon unless it is admitted in the departmental proceedings by the person competent to spoke about them and are subjected to cross-examination. The relevant observations are as under: "But the application of principal of natural justice does not imply that what is not evidence can be acted upon. On the other hand what it means is that no material can be relied upon to establish a contested fact which are not spoken to by persons who are competent to speak about them and are subjected to cross-examination by the party against whom they are sought to be used." (para 14)