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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
ANIL S.KILOR, RAJ D.WAKODE
Ravidas S/o. Shivramji Rangari – Appellant
Versus
Union of India, Ministry of Petroleum Oil and Natural Gas – Respondent
| Table of Content |
|---|
| 1. writ petition heard and decided finally by consent. (Para 1 , 2) |
| 2. petitioner trapped accepting bribe over tampered tank truck. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. petitioner claims no proof of demand; respondents cite documents. (Para 11 , 12) |
| 4. enquiry relied on unproved cbi documents and charges. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. disciplinary evidence requires witness proof, not suspicion. (Para 20 , 21) |
| 6. documents' contents unproved by competent witnesses. (Para 22 , 23) |
| 7. witnesses prove demand by co-officer, not petitioner. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 8. enquiry findings vitiated by lack of cogent evidence. (Para 31 , 32) |
| 9. dismissal and appeal orders quashed with benefits. (Para 33) |
JUDGMENT :
Anil S. Kilor, J.
1. Heard.
2. RULE. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.
3. The petitioner, while working as Assistant Manager (Operation) was allegedly caught red-handed for accepting the illegal gratification, by Central Bureau of Investigation (CBI) officials. Whereupon, an enquiry was conducted and the petitioner was dismissed from service vide order dated 03/03/2014 issued by the res
In departmental enquiries, documents cannot sustain guilt without witnesses proving contents and authenticity; oral evidence must establish bribe demand and acceptance by charged officer, mere recove....
A disciplinary enquiry must be based on evidence; mere allegations or FIR production without witness examination cannot substantiate a finding of guilt.
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
In disciplinary proceedings involving major penalties, the establishment must produce evidence and witnesses to substantiate charges; failure to do so renders the inquiry invalid.
Disciplinary authorities must follow the established procedure of law and judicial pronouncements in disciplinary proceedings.
The main legal point established in the judgment is the obligation of the establishment to produce witnesses and documentary evidence to prove charges in a departmental enquiry, especially in cases t....
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