JUDGMENT :

This writ application can be disposed of at this stage itself on a very short point.

2. The petitioner has been dismissed from service on completion of a departmental proceeding. Petitioner, in this writ application, has prayed for quashing of his dismissal order and for his reinstatement.

3. Learned counsel appearing on behalf of the petitioner submits that though the Enquiry Officer held that the charges were proved, but not a single witness has been examined to prove the aforesaid charges. He submits that the charges, which have been levelled against the petitioner, need to be proved by evidence. When no evidence has been adduced by the respondents, this entire proceeding fails.

4. Mr. Mrinal Kanti Roy, learned counsel appearing on behalf of the respondents submits that the petitioner has committed misconduct for which he has been punished, but after going through the entire records he submits that no witness has been examined in this case to prove the charges and only on the basis of some documents and the opinion of the Deputy Commissioner, the petitioner has been punished.

5. An opinion or an internal inquiry cannot be the basis to punish a delinquent employee. When the