BIRENDRA SINGH PRABHAKAR Vs. STATE

JUDGEMENT

(1.) HEARD Mr. Rajendra Prasad Singh, learned senior counsel for the petitioner and J.C. to Standing Counsel No. Ill for the respondents.

(2.) THIS writ application substantially is directed against the order as contained in Annexure -21 issued vide Memo No. 658 dated 30.8.2004 whereby and whereunder the petitioner has been punished in the departmental proceeding.

(3.) IT is submitted by learned counsel for the petitioner that the departmental proceeding was concluded in a manner unknown to law inasmuch as that no opportunity whatsoever was given to the petitioner to adduce his evidence nor any witness was examined on behalf of the employer to prove charges against the petitioner and merely, on the basis of the written statement filed by the petitioner, the departmental proceeding was concluded holding him guilty. It is further submitted by learned counsel that the fact that no opportunity whatsoever was given to the petitioner to adduce evidence, would be evident from paragraph 40 of the counter affidavit filed on behalf of the respondents wherein it is stated that the conducting officer on the basis of written reply and after hearing the petitioner, held him responsible for the charges levelled against him.