ARUN KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) The sole ground taken by the petitioner in this writ petition is that the Enquiry Officer has proved the guilt of the petitioner without any evidence as none proved the documents, which was relied by the Enquiry Officer. Ms. Neha Bhardwaj, counsel for the petitioner, submits that those documents were produced by the Presenting Officer but no witness has been examined to prove the said documents. She further submits that in absence of production of witness to prove the document, the entire departmental proceeding is vitiated. She, in support her submissions, relies upon the judgments passed by the Hon'ble Supreme Court in the case of Roop Singh Negi Vs. Punjab National Bank and Others reported in (2009) 2 SCC 570 and State of Uttar Pradesh and Others Vs. Saroj Kumar Sinha reported in (2010) 2 SCC 772.

(3.) Mr. Indranil Bhaduri, learned SC-IV, supporting the order of punishment, submits that the documents were supplied to the petitioner, who relied upon the said documents and took part in the entire departmental proceeding. After participating in the proceeding, now he cannot take the plea that the entire departmental proceeding is vitiated. He further submits that since the entire case is based on documentary evidence, the production of document is sufficient to prove the guilt of the petitioner.