BANARSI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Whether a disciplinary authority, which does not accept the finding of the Enquiry Officer recorded in the inquiry report and wants to take action against a delinquent government servant is enjoined upon to afford an opportunity of hearing to the delinquent government servant is the principal question which falls for determination in this writ petition ?

(2.) The factual conspectus will help to determine the pristinely legal controversy and may be noticed at the very outset.

(3.) Banarsi Lal. petitioner, was posted as Inspector. Central Excise and Customs at Rail Head Attari. Amritsar Division, on June 8. 1979 An incident took place on that day regarding which a charge-sheet was served on the petitioner . on the allegations that while supervising the clearance of the passengers, Shri K.L. Marwah. Assistant Collector' observed that a passenger seeking clearance from Banarsi Lal. petitioner, passed on a currency note to him which he received and put in his pocket. Thereafter, both the passenger and the petitioner shook hands with each other. On seeing this, the Assistant Collector immediately rushed to counter No. 11 and asked the petitioner to take out the currency note from his pocket which he had received from the petitioner. Banarsi Lal became nervous and immediately took out from his pocket one 10 dollar US currency note and handed over the same to Shri Marwah. The passenger, Barkat Ali made a written statement before Shri Marwah at that very time that he had given a 10 dollar US currency note to the petitioner on his demand for the clearance of his baggage. Banarsi Lal also gave a statement written in his own hand to Shri Marwah admitting that the passenger had given him a 10 dollar US currency note as a goodwill gesture and he put the same in his pocket. On examination of the baggage of Barkat Ali. no incriminating goods were found by Shri Marwah and Shri S. S. Sandhu. Superintendent. Central Excise and Customs. A regular enquiry was held against the petitioner by Shri J. R. Bhalla. After examining the evidence brought on record and hearing the petitioner. Shri Bhalla. the Enquiry Officer, held that keeping in view the circumstances of the case there was no occasion for the petitioner to make any demand or negotiation with Barkat Ali and since no other witness had corroborated the statement of Shri Marwah the charges framed against the petitioner had not been proved. The Assistant Collector. Headquarters, who is the punishing authority of the petitioner did not accept the enquiry report. He held the petitioner guilty and imposed the penalty of dismissal vide orders dated February 16. 1981. The petitioner was not given any opportunity of hearing before passing the orders. Aggrieved, the petitioner went up in appeal before the Collector of Excise and Customs. The appeal was dismissed by the Collector vide order dated May 25, 1981. The Collector also did not give any opportunity to the petitioner to project his view point and make oral submissions on the points taken bv him in the grounds of appeal. The petitioner had made a specific request in writing for being granted an oral hearing. This request was. however, not accepted. Dissatisfied with the orders of the Assistant Collector and the Collector, the petitioner has filed this writ petition.