2010 Supreme(All) 3146

[2010(8) ADJ 30 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : DILIP GUPTA, J.
SURESH SINGH ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 19314 of 2009, decided on 13th September, 2010)

Headnote:Dismissal—Departmental enquiry—Violation of natural justice—Petitioner, a Constable posted at P.O. Krishna Janam Bhoomi, Mathura has extended threat to his inspector and circle officer—Disciplinary proceedings initiated—Enquiry Officer in report stated since despite service of charge-sheet, did not file any reply,nor appear on the dates fixed, it was not necessary to record the statements of witnesses as there will no cross-examination—Apex Court had held earlier that even if the employee refuses to participate in the enquiry, employer cannot straitway dismiss him, must hold an ex parte enquiry where evidence must be led—Held, principles of natural justice have been violated in as much as even if petitioner did not file reply and not appear in enquiry, an exparte enquiry could have been had for proving charges but that was not done.

       Petition Allowed.