STATE OF UTTAR PRADESH Vs. LALA RAM CHATURVEDI

JUDGEMENT

(1.) The State has filed this writ petition challenging the order passed by the State Public Services Tribunal dated 7.7.1993, by means of which the punishment of dismissal from service inflicted upon respondent No. 1 has been set aside. The respondent No. 1, who was suspended in contemplation of disciplinary proceedings, was served with a charge-sheet to which he submitted the reply and thereafter the order of punishment was passed.

(2.) Learned Counsel for the State has urged that the charges are serious but the Tribunal has set aside the order of punishment only on technical ground without giving any due weight to the gravity of the charges.

(3.) The Tribunal has recorded a finding that though the petitioner in his reply while disputing the charges levelled against him had asked for opportunity to cross-examine the witnesses but that prayer was rejected by the enquiry officer on the ground that the respondent has not given names of the witnesses whom he wants to cross-examine. The Tribunal has rightly observed that the statement of the witnesses should have been recorded in proof of the charges in the presence of the respondent and at that very time the respondent should have been asked to cross-examine them. A mere citation of names of the witnesses and documents in the charge-sheet is not enough. Allowing leading of evidence at the back of the delinquent without giving any opportunity to cross-examine and relying upon the documents, which are not allowed to be controverted by the delinquent, would not meet the ends of justice nor would fulfil the requirement of principles of natural justice.