The main legal point established is the requirement for the department to prove allegations in a disciplinary action, including the right of the delinquent to cross-examine witnesses and the principles of natural justice.

PRADEEP NANDRAJOG, J.(Oral)

1. Charge against the appellant was that while functioning as an Inspector in the 11 KV (Constn.East-I), Karkardooma, during the year 1999, with mala fide intention and ulterior motive he stole Meter No.E-9705279 from premises No.75-A, Pocket F, GTB Enclave, Dilshad Garden of one Kishori Lal and installed the same in a fraudulent manner at premises No.F-271, Yojana Vihar, New Delhi and thereby allowed the consumer to steal power and for which wrong the appellant received Rs.10,000/-as illegal gratification from Sachit Prasad Jain, the owner of premise B-271, Yojana Vihar and further prevented recovery of Rs.1,42,720/-which was outstanding due towards consumption as recorded by a Poly Phase Meter No.4 D461068 installed at B-271, Yajana Vihar.

2. Since the appellant had denied the charge, an Inquiry Officer was appointed before whom 21 documents were exhibited, and we simply highlight that the documents establish that Meter No.E-9705279 was installed at premises No.75-A, Pocket F, GTB Enclave, Dilshad Garden and that during inspection carried out on June 10, 1999 it was found that the meter in question was installed at premises B-271, Yojana Vihar, New Delhi where a Poly Phase Meter No.4D-461068 had been installed and that Rs.1,42,720/-was outstanding pertaining to electricity consumed at the premises, which amount was not recovered because due to non-payment the meter was removed, but the owner of the premises continued to enjoy benefit of electricity which was metered for purposes of consumption vide meter No.E-9705279.

3. Learned counsel for the appellant concedes that evidence led before the Inquiry Officer proves as above. At core is the argument : Where is the evidence to prove that the appellant stole Meter No.E-9705279 which was installed at premises No.75-A, Pocket F, GTB Enclave, Dilshad Garden and thereafter installed the same at premises B-271, Yojana Vihar, New Delhi?

4. Learned counsel for the respondent states that said fact is proved by the statements Ex.S-3 and S-3A made by Sachit Prasad Jain, the owner of premises No.B-271, Yojana Vihar, New Delhi. Learned counsel for the respondent states that this is the only evidence to establish that the appellant was the culprit.

5. Concededly Sachit Prasad Jain was not examined during the inquiry by the Inquiry Officer. Ex.S-3 and S-3A are statements made by him during fact finding preliminary proceedings in which the appellant was not associated.

6. Learned Single Judge has dealt with the issue of Sachit Prasad Jain not being examined in paragraph 7 of the impugned decision, and we note the same. It reads as under:-

“7. So far as the second argument is concerned, of the department not having examined Shri Suchit Jain of the premises where the stolen meter was found and installed at the Yojana Vihar, although his statement is relied upon, I may state that really the statement of Shri Suchit Jain which is relied upon by the department is not in the nature of deposition on oath for which there has to be cross-examination, but the statement relied upon is similar to a letter or a documents containing a fact and its statement to the electricity department. Such a document can always be relied upon in a civil proceeding and all that is required is that contents of the same are otherwise legally proved. The contents of the statement of Shri Suchit Jain have been proved in the departmental proceedings because it has been established that the meter in question actually was installed at the Dilshad Garden address, and therefore, it could have been found installed at Yojana Vihar address only if it was wrongly been installed at Yojana Vihar address i.e. on being stolen from the Dilshad Garden address.”

7. The reasoning of the learned Single Judge is totally contrary to the law. The charge against the appellant was of stealing the meter in question which was installed at a premises in GTB Enclave and thereafter installing the same at a premises