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2019 Supreme(UK) 371

RAMESH RANGANATHAN, ALOK KUMAR VERMA
Kanwar Amninder Singh – Appellant
Versus
Honble High Court of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Aditya Singh, Shobhit Saharia.

JUDGMENT :

Ramesh Ranganathan, J.

1. This writ petition is filed by an Officer, in the Higher Judicial Service of the State of Uttarakhand, seeking a writ of certiorari to quash the order passed by the Inquiry Officer dated 23.08.2019 and to allow his application dated 23.08.2019.

2. Facts, to the limited extent necessary, are that the petitioner was placed under suspension pending departmental enquiry. A charge sheet was, thereafter, issued to him and a Sitting Judge of this Court was appointed as an Inquiry Officer to enquire into the charges levelled against him.

3. In this writ petition, the petitioner questions the order passed by the Inquiry Officer dated 23.08.2019 rejecting his request to defer cross examination of PW-2 till the other cited witness is also examined-in-chief. In his order dated 23.08.2019, the Inquiry Officer has opined that PW-2 had travelled twice from Roorkee to Nainital; examination-in-chief of PW-2 was recorded on that day; and since the procedure prescribed in a criminal trial is not applicable to a departmental enquiry, he found no reason to allow the application of the delinquent officer. The request of the delinquent officer was rejected. However, consi

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