STATE OF PUNJAB Vs. SARWAN SINGH

JUDGEMENT

(1.) The appeal had been admitted without framing any substantial question and hence, the same is framed as follows:-

(2.) The issue of whether the proceedings were followed correctly and whether there involved any violation of the statutory rules has been dealt with by the lower appellate court by making reference to the rule that requires the Enquiry Officer to furnish the documents not later than 30 days before the commencement of the examination of the witnesses and even if he absented himself, the rule requires that the enquiry would only call upon the Presenting Officer to produce the evidence of which he proposed to prove the articles of charge and adjourn the case to a date not exceeding 30 days. The lower appellate court observed that the case could not have been taken up on the same day and proceeded with enquiry without even framing the articles of charges against him. Finding that there had been violation of the statutory rules, it found that the punishment imposed was illegal and if the decision was illegal, there was no bar of limitation.

(3.) I have no difficulty in acceding to a reasoning adopted by the lower appellate court that there had been no fair opportunity for the plaintiff to prepare for the enquiry before the Enquiry Officer, the violation complained of is justified and I hold the decision taken was violative of the rules and hence could not be supported.