Disciplinary actions must be based on legally admissible evidence and appropriate reasons are required for imposing punishment.

The petitioner by way of the present writ petition has prayed for quashing the order dated 06.09.2016 issued by the Principal/Deputy Secretary, Industrial Department, Government of Bihar, Patna by which the petitioner has been inflicted the punishment of dismissal from service.

2. The brief facts of the case are that the petitioner was discharging his duty as Deputy Director (Technical) Technical Development Directorate Industry Department, Bihar, Patna when he was informed about initiation of the departmental proceeding by a Resolution dated 16.12.2014, on the ground of being found in a nude condition alongwith a lady in a beauty parlour whereupon the police had arrested the petitioner and S.K. Puri P.S. Case No. 306 of 2014 was lodged against the petitioner under Sections 290, 291/34 of the Indian Penal Code and Sections 3, 4, 5, 6 of the Immoral Trafficking (Prevention) Act, 1956.

3. The Inquiry Officer submitted his inquiry report dated 15.04.2015, wherein the Inquiry Officer has recorded that despite several letters sent to the witnesses i.e. the Senior Superintendent of Police, Patna, Officer Incharge of the concerned police station and others, none of the witnesses turned up during the course of the departmental inquiry. It has further been recorded by the Inquiry Officer that on account of non appearance of the police officials for producing evidence, it cannot be ascertained as to whether the petitioner is involved in the present case or not, hence, the Inquiry Officer held that the charges levelled against the petitioner, cannot be said to have been fully/completely proved. It has further been recorded by the Inquiry Officer in the conclusion portion of the said inquiry report that since the matter is going on in the Court, the decision of the Court shall be followed. The Disciplinary Authority had then issued a second show cause notice dated 12.06.2015, annexing the aforesaid inquiry report and calling upon the petitioner to submit his reply within 15 days. Thereafter, the Disciplinary Authority by an order dated 06.09.2016 has passed the order of punishment dated 06.09.2016 whereby and whereunder the petitioner has been dismissed from service.

4. The learned Senior Counsel for the petitioner has argued that the present case is a case of no evidence, which has been truly acknowledged by the inquiry officer in his inquiry report. In this regard, the learned Senior Counsel has relied upon a judgment rendered by the Hon’ble Apex Court, reported in (2009) 2 SCC 570 (Roop Singh Negi Vs. Punjab National Bank).

5. Per contra, the learned counsel for the respondents has supported the order of punishment dated 06.09.2016 and has submitted that such type of immoral act committed by the petitioner is disgraceful and such type of person is not fit to be retained in Government service.

6. I have heard the learned counsel for the parties as also perused the materials on record.

7. At the outset, it must be stated that one has to go by the procedure required to be followed in the departmental proceeding and the evidence adduced during the course thereof and has not to be swayed away by emotions and nature of allegations. In the present case, admittedly, none of the witnesses came forward to depose during the course of the departmental proceeding despite them being requested by the Inquiry Officer repeatedly. In fact, the Inquiry Officer himself has admitted in his inquiry report that since no evidence has come forward, there is no clarity as to whether the allegations levelled against the petitioner are correct or not and the same can only be established after conclusion of the proceedings pending before the Court.

8. Thus, admittedly, the present case is a case of no evidence and in such cases, the law laid down by the Apex Court in the case of Roop Singh Negi (supra) is required to be followed. It would be relevant to reproduce paragraph nos. 14 to 23 of the said judgment rendered in the case of Roop Singh Negi (Supra) herein