- (1.) Heard Sri Ashwani Kumar, Advocate, holding brief of Sri Kapil Dev, Advocate, for petitioner and Sri Kamesh Gupta, Advocate, for respondents.
(2.) This writ petition filed under Article 226 of Constitution is directed against orders dated 10.05.2001 and 21.11.2001 imposing penalty upon petitioner of reduction in rank from the post of Assistant Manager (D) to Assistant Grade-I (D) for a period of five years with immediate effect. The punishment orders also show that during period of penalty, pay shall be fixed at the stage from where he was promoted to the post of Assistant Manager (D) from the post of Assistant Grade-I (D). The order of punishment has been confirmed in appeal vide Appellate Authority's order dated 15.03.2002, and this is also under challenge.
(3.) Learned counsel for petitioner submitted that there was no valid inquiry conducted against petitioner inasmuch Employer examined one S.C. Srivastava as PW-1 and his statement-in-chief was recorded but thereafter he did not appear and this witness was never allowed to be cross-examined by petitioner, hence his evidence could not have been read. Another witness A.U. Khan, Assistant Manager (General) was not relevant to prove the charge. Enquiry Officer himself has relied on statement of S.C. Srivastava to prove the charge against petitioner which evidence could not be relied. He further submitted that documents demanded in defence, which where relied on by Enquiry officer, were never supplied to petitioner, and this fact has been noticed by Enquiry Officer in his report, still he has submitted inquiry report holding charges proved and Disciplinary Authority has proceeded on the basis of this inquiry report, therefore, the entire proceedings are in utter violation of principles of natural justice.;