JALANDHAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner in this writ application has challenged the Order Dated passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 728 of 2004 under Annexure-8 as being contrary to the statutory provisions of law.

(2.) The brief fact narrated in the writ application tends to reveal as thus:

(3.) Learned Counsel for the Petitioner submits that there is no provision under the Statute for a de novo inquiry. The direction for de novo inquiry is erroneous & beyond the scope & purview of the CCA Rules. In this regard, Learned Counsel for the Petitioner draws our attention to a decision of this Court in the case of Gokha Behera v. Principal Secretary, Law Department Bhubaneswar and 3 Ors.,2009 107 CLT 438 in paragraph-13 of which it has been observed that the law can be summarized that generally de novo or fresh inquiry is permissible only if the Statute so provides. But in case a departmental proceeding suffers from some fundamental procedural error, i.e. evidence has not been properly recorded or material witnesses were not available or they were not in a position to depose or the delinquent or the department had not been Permitted to cross-examine any of the witnesses, in such a situation de novo inquiry is permissible.