Chandra Sharma v. Managing Director,
2000 (1) UPLBEC 541, it was held as under:
Court also held that in the enquiry witnesses have to be examined in support of
the allegations and opportunity has to be given to the delinquent to cross –
examine these witnesses and to lead evidence in his defense. In Punjab National Bank v. A.I.P.N.B.E. Federation, AIR 1960 SC
160, the Supreme Court held that in such enquiries evidence must be recorded in
the presence of the charge-sheeted employee and he must be given an opportunity
to rebut the said evidence. The same view was taken in ACC Ltd. v. Their Workmen,
1963 (7) FLR 269, and in Tata Oil Mills
Co. Ltd. v. Their Workmen, 1963 (6)
if the employee refuses to participate in the enquiry, the employer cannot
straightaway dismiss him, but he must hold an ex-parte enquiry where evidence
must be led vide Imperial Tobacco Co.
Ltd. v. Its Workmen, 1961 (3) FLR
524 and Uma Shanker v. Registrar, 1992 (65) FLR 674.
Supreme Court in Roop Singh Negi v. Punjab National Bank, 2009 (120) FLR 610, held as under:
a departmental proceeding is a quasi judicial proceeding. The enquiry officer
performs a quasi-judicial function. The charges leveled against the delinquent
officer must be found to have been proved. The enquiry officer has a duty to
arrive at a finding upon taking into
consideration the materials brought on record by the parties. The purported evidence
collected during investigation by the investigating officer against all the accused
by itself could not be treated to be evidence in the disciplinary proceedings.
Not witness was examined to prove the said documents. The management witnesses
merely tendered, the documents and did not prove the contents thereof.
Reliance, inter alia, was placed by the enquiry officer on the FIR which could
not have been treated as evidence.”
view has been taken in Sohan Lal v. U.P. Co-operative Federation Ltd., 2013
(139) FLR 723:
principle of law emanates from the above judgments are that initial burden is
on the department to prove the charges. In case of procedure adopted for
inflicting major penalty, the department must prove the charges by oral
the perusal of the enquiry report it is demonstrably proved that no oral
evidence has been led by the department. When a major punishment is proposed to
be passed, the department has to prove the charges against the delinquent/employee
by examining the witnesses and by documentary evidence. In the present case, no
witness was examined to prove the documents in the proceedings.
is trite law that the departmental proceedings are quasi-judicial proceedings.
The Inquiry Officer functions as quasi-judicial officer. He is not merely a
representative of the department. He has to act as an independent and impartial
officer to find out the truth. The major punishment awarded to an employee
visits serious consequences and as such the departmental proceedings ought to
be in conformity with the principles of natural justice. Even if, an employee
prefers not to participate in the enquiry, the department has to establish the
charges against the employee by adducing oral as well as documentary evidence.
In case the charges warrant major punishment, then the oral evidence by
producing the witnesses is necessary.” Lalta
Prasad v. State of U.P., 2019
(161) FLR 183.