LAWS(JHAR)-2022-10-53

HARISH MOHAN Vs. CENTRAL UNIVERSITY OF JHARKHAND

Decided On October 17, 2022
Harish Mohan Appellant
V/S
Central University Of Jharkhand Respondents

JUDGEMENT

(1.) This writ application can be disposed of on a very short question of law.

(2.) Mr. Indrajeet Sinha, learned counsel appearing on behalf of the petitioner submits that the punishment order has been passed against the petitioner considering the departmental inquiry report, which is based on several documents, which were not exhibited as admittedly, no oral evidence was adduced by the Department. Relying upon the judgment of the Hon'ble Supreme Court passed in the case of "Roop Singh Negi- versus- Punjab National Bank and others, reported in (2009) 2 SCC 570", he submits that since no oral evidence has been adduced by the Department, the enquiry report and the punishment order is vitiated as those documents could not be said to be proved by the department in enquiry.

(3.) Mr. Manoj Tandon, learned counsel appearing on behalf of the respondent-Central University of Jharkhand, submits that admittedly, the proceeding was exparte against the petitioner. In an exparte proceeding when in spite of service of notice, the petitioner did not chose to appear before the authority, the petitioner now cannot challenge the enquiry report, which is against him. He submits that the documents were produced by the Presenting Officer and the same was taken note of by the Enquiry Officer and the order was passed. He submits that since the petitioner did not appear before the Enquiry Officer, it will be deemed that he has no objection to all the materials and the documents produced before the Enquiry Officer.