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J.L. JAIN
A
v.
UNION OF INDIA AND ORS.
FEBRUARY 15, 1996
[K. RAMASWAMY AND G.B. PAITANAIK, JJ.]
B
SeTVice Law:
DepaJtmental Inquiry-Re-opening of-One time opportunity to be
given to the employee-If the employee fails to participate in the enquiry and
to conduct his case, he would foifeit his defence-Inquiry Officer to make C
available all witnesses to be examined in proof of the charge-open to the
employee to cross- examine them-{)pportunity for defence evidence to be
given-Thereafter inquiry officer would be free to proceed according to mies
and take appropriate action.
D
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3636 of
1996.
From the Judgment and Order dated 26.10.94 of the Central Ad-
ministrative Tribunal, New Delhi in O.A. No. 1508 of 1992.
Anis Suhrawardy, Ms. Shomana Anis and Z.A. Khan for the appel-
lant.
A.D.N. Rao and Arvind Kr. Sharma for the Respondents.
The following order pf the Court was delivered :
Leave granted.
We have heard the counsel on both sides.
E
F
The notice issued in this case itself indicates why the inquiry should G
not be reopened; the inquiry officer should not give another opportunity
to the appellant to participate in the inquiry. It was also stated that if the
respondent is agreeable to reopen the matter, it would be confined to only
one time opportunity to appellant and unless the appellant participates in
the inquiry and conducts his case, he would forfeit his defence. In view of
the notice and in view of the statement of the respondents in the counter- H
733
734
SUPREME COURT REPORTS
[1996] 2 S.C.R.
A
affidavit that they are agreeable to give an opportunity, the impugned order
is set aside and opportunity is directed to be given to the appellant to
participate in the inquiry. The inquiry officer is directed fo issue notice to
the appellant by registered post with acknowledgment due giving 30 days'
time fixing a date on which date the appellant should appear and par-
B ticipate in the inquiry. The inquiry officer is directed to make available all
the witnesses sought to be examined in proof of the charge on that date
and it would be open to the appellant to cross-examine those witnesses. If
the appellant intends to adduce any defence evidence, inquiry officer is
directed to give another date to the appellant to adduce the same on the
adjourned day; the inquiry would be completed after examining those
C witnesses. Thereafter, the inquiry officer would be free to proceed accord-
ing to rules and take appropriate action.
The appeal is accordingly allowed. No costs.
G.N.
Appeal allowed.
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Lex