Cognizance of bias allegation against inquiry officer mandates halting disciplinary inquiry until competent authority disposes it; certified copies suffice where originals unavailable in court; retired officers competent as inquiry officers.

O R D E R

Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member :

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):

“a) To set aside and quash impugned Charge Memorandum No. SER/P- HQ/GAZ-CON/410/AK/20/MJR/1205 dated 17.07.2020 issued by the General Manager and Disciplinary Authority, South Eastern Railway, served under a covering letter dated 20.07.2020.

b) To set aside and quash impugned letter No. SER/P-HQ/GAZ- CON/410/AK/20/MJR/1205 dated 11.08.2020 issued by the General Manager, S. E. Railway.

c) To set aside and quash impugned Orders No. SER/P-HQ/GAZ- CON/410/AK/20/MJR/1205 dated 20.10.2020 issued by the General Manager, S. E. Railway.

d) To set aside and quash impugned letter No. SER/P-HQ/GAZ- CON/410/AK/20/MJR/1205 dated 30.07.2021 issued by the General Manager and Disciplinary Authority, South Eastern Railway.

e) To set aside and quash the impugned inquiry proceedings conducted by the Inquiry Officer in connection with Charge Memorandum dated 17.07.2020.

f) To direct the respondents to allow the applicant inspection and/or supply original copy of the RUDs, additional documents and the defense witnesses as asked for by the applicant.

g) Any other order or orders as the Hon'ble Tribunal deems fit and proper.

h) To set aside & quash order No. E(O)I-2021/PU-2/SER/77 dated 21.12.2021 issued by Dy. Secretary II/DAR Railway Board.”

2. Facts as narrated by the applicant in his O.A are as follows:

While the applicant was working as Deputy Chief Material Manager (IC) in the South Eastern Railway, a Charge Memorandum dated 17.07.2020 was issued to him on alleged grounds of misconduct during his tenure as Sr. DMM in the SEC Railway, Nagpur. Applicant submitted a detailed statement of defence dated 18.09.2020 against the charge memorandum. Inquiry Officer and the Presenting Officer were appointed vide Order dated 20.10.2020. The inquiry proceedings started with preliminary hearing on 16.12.2020. Applicant did not attend the preliminary hearing on 16.12.2020 as he was sick. The next date of inquiry was scheduled on 12.03.2021 when the applicant attended the inquiry and asked for inspection of the original documents of the RUDs. Vide letter dated 13.07.2021, applicant asked for certain additional documents and also gave the names of 03 (three) defence witnesses in order to defend his case properly. Request of the applicant for providing additional documents was turned down by the inquiry officer vide his letter dated 14.07.2021. Applicant’s request for approval of defence witnesses was also turned down vide letter dated 14.07.2021. Vide letter dated 14.07.2021, the next date of inquiry was fixed on 06.08.2021. Applicant raised the charge of bias against the enquiry officer vide his letter dated 28.07.2021. The said letter was followed by a letter dated 30.07.2021 wherein applicant elaborated and magnified the reasons of biasness of the inquiry officer. The applicant received a letter from the respondents dated 30.07.2021 which reads as under:-

"Your representation dated 28.07.2021 in connection with the allegation of bias against the inquiry officer was put up to the disciplinary authority i.e. the General Manager. Considering that no formal allegation of bias specifying grounds has been submitted as yet by you,