AKSHAY LAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) SERVICE of notice on the other side is waived. Upon joint request, this matter is taken up for final hearing at the stage of admission itself.

(2.) LEARNED Counsels for the parties have been heard and factual profile emerging from the record has been evaluated in this Letters Patent Appeal, arising out of the judgment, dated 26.4.2006 in writ petition being CWJC No. 9240 of 2005, whereby, the writ petition under Article 226 of the Constitution of India came to be dismissed. We have also, therefore, given our anxious thoughts and consideration to the text and texture of the impugned judgment of the learned Single Judge. Following facts have, emerged unquestionably from the record.

(3.) NO doubt, it is true that the departmental inquiry proceedings cannot be equated with the criminal prosecution but in such proceedings the charges can be evaluated and examined in the light of the material on record and evidence adduced on the doctrine of preponderance of probabilities, like in civil cases. Notwithstanding that, it is incumbent upon the authority to bring on record the materials relied on by the department in support of the serious charges and the department is also obliged to examine the witnesses and prove the documents. Nothing has been done in this case. It, therefore, leads to an unerring conclusion that the proceedings which were conducted and the findings which were arrived at are contrary to the provisions of the Evidence Act, as well as, principles of natural justice.