(1.) PRAYER in the present writ petition is for quashing of order dated 30.12.2011 (Annexure P -6), whereby the petitioner has been dismissed from the service and as well for quashing of order dated 11.10.2012 (Annexure P - 9), whereby the appeal filed against the order of dismissal has also been dismissed.
(2.) IN nutshell, the petitioner was served with the charge -sheet and in view thereof Enquiry Officer was appointed. Witnesses of the Department though deposed one line charges but did not offer themselves for cross -examination which fact is evident from Annexure P -3 (Collectively). Despite the fact that witnesses refused for cross -examination, the Enquiry Officer submitted his report dated 29.08.2011, whereby charges/allegations levelled against the petitioner were found to have been established. The petitioner is stated to have made a representation dated 12.10.2011 (Annexure P -5) to Director, who is Punishing Authority, for disagreed with the enquiry report and as well as for exoneration on the point that all the witnesses have failed to offer for cross -examination and even the copy of documents were not provided, much less, reasonable opportunity was also not granted and, therefore, there was a violation of principles of natural justice.
(3.) THE Punishing Authority vide order dated 30.12.2011 (Annexure P -6) while discussing the point, raised by the petitioner, qua non -compliance of the principle of natural justice, much less, non -proving of all the charges by the Department, as the witnesses had not offered for cross -examination, yet found that since there is no provision in the Rules or Instructions to hold enquiry de novo, invoked the provision of Article 311(2) of the Constitution of India and dismissed the petitioner from the service.