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IN THE HIGH COURT OF GAUHATI (IMPHAL BENCH)
T. Nandakumar Singh, J.
Pijush Chattorpadhyay - Appellants
Vs.
National Council for Co-operative Training and Ors. - Respondent
Writ Petition (C) No. 878 of 2007
Decided On: 22.09.2008
Quashing order – Assistant – Evidence – Jurisdiction - It is case of petitioner that fact finding enquiry mentioned in said Memorandum was done without issuing any notice to him and also he was not even informed as to who was officer conducting said fact finding enquiry and also that said fact finding enquiry was done without following due process of law and as such petitioner had no idea about said fact finding enquiry – Held, It is fairly well settled that primary function of Presenting Officer is to marshal acts before Enquiry Officer and to examine and cross-examine witnesses produced during the trial - In order to achieve this aim Presenting Officer must act fairly and present case in its true color - Presenting Officer who must art fairly shall not relate to any of matters which is directly or indirectly related with enquiry against officer against whom the enquiry is being held - For fair departmental enquiry there should not be any material against Presenting Officer for having bias against employee/officer against whom departmental enquiry is being initiated - Justice must not only be done but must also appear to be done - In present case there is strong case of likelihood of bias against petitioner by said New Delhi who had been appointed as Presenting Officer under impugned order present departmental enquiry against petitioner - Petition allowed
T. Nanda Kumar Singh, J.
1. Heard Mr. Kh. Tarunkukar Singh, learned Counsel appearing for the petitioner as well as Mr. N. Kumarjit Singh, learned advocate appearing for the respondents.
2. By this writ petition, the petitioner, who is now serving as Principal, Institute of Co-operative Management, Manipur, prays for quashing the order of the Secretary, National Council for Co-operative Training (National Co-operative Union of India) being No. 1-1/2/92-Pers dated 16.11.2007 for appointing one Shri Paramjit Sharma, Professor, VAMNICOM, Pune, as Enquiry Officer to inquire into the charges levelled against the writ petitioner and also the order of the Secretary, National Council for Co-operative Training being No. 1-1/2/92-Pers dated 16.11.2007 for appointing one Shri Diwakar Rai, Assistant, NCCT, New Delhi as Presenting Officer and also for a direction to the respondents to supply the necessary documents to the petitioner for effective defence in the departmental enquiry.
Factual Background
3. While the petitioner was serving as Principal, Institute of Co-operative Management, Dehradun, the Secretary, National Council for Co-operative Training (National Council) issued a Memorandum being No. 1-1/2/92-Pers dated 12.7.2006 that on the basis of fact finding enquiry/the petitioner was found guilty for 7(seven) irregularities and asked him to explain his conduct as to why disciplinary action under the provision of CCS (CCA) Conduct Rules, should not be taken against him for the said 7 irregularities or lapses and his explanation should reach to the council within 15 days of the issue of the Memorandum, failing which it will be presumed that he has nothing to say in that behalf.
4. It is the case of the petitioner that the fact finding enquiry mentioned in the said Memorandum dated 12.7.2006 was done without issuing any notice to him and also he was not even informed as to who was the officer conducting the said fact finding enquiry and also that the said fact finding enquiry was done without following the due process of law and as such the petitioner had no idea about the said fact finding enquiry, which was said to have been held against him. After raising such preliminary objection, the writ petitioner, pursuant to the said Office Memorandum dated 12.7.2006, submitted his explanation/written statement of defence to the respondent No. 1. After receiving his explanation or/written statement of defence, the respondent No. 1, it appears, satisfied with the explanation submitted by the writ petitioner and as such the respondents did not take up any action against the petitioner.
5. The petitioner made a number of complaints to the Director General, NCCT against Shri Diwarkar Rai, Assistant NCCT and also Shri S. D. Kumar, Joint Director, NCCT, New Delhi for their activities during their visits to ICM, Dehradun while the petitioner was working as its Principal between 17 to 20.5.2006 for the DPC meeting. During that period, i.e., from 17 to 20.5.2006 said Shri S.D. Kumar, Diwarkar Rai, searched the file, papers and Register maintained by the office of the Principal, SEMD Dehradun without obtaining the consent of the Principal, i.e., the present petitioner. For that incident, the Accountant of the Office of the ICM Dehradun made a written complaint. It is the case of the petitioner that the said Shri Diwarkar Rai had done many mala fide acts against the petitioner by taking advantage of nearness of Dr. T.N. Singh, the then Secretary, NCCT, New Delhi and Shri S.D. Kumar, Joint Director (ADMN) NCCT, New Delhi.
6. After lapse of about one year from the date of issuing the said Memorandum dated 12.7.2006, the Director, NCCT, New Delhi issued a Memorandum being No. 1-1/2/92-Pers dated 6.6.2007 for holding enquiry against the petitioner for the period while he was working as Principal, Institute of Co-operative Management, Dehradun under Rule 14 of the CCS (CCA) Rules, 1965 for 6(six) article of charges and asked the petitioner to submit his wr
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