2026:Jklhc-Jmu:828 vs Ut Of J&K And Others on 25 March, 2026

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    Jammu & Kashmir High Court

    2026:Jklhc-Jmu:828 vs Ut Of J&K And Others on 25 March, 2026

    Author: Sanjay Dhar

    Bench: Sanjay Dhar

                                                                                       2026:JKLHC-JMU:828
    
            HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                             AT JAMMU
    
                                                     WP(C ) No. 1776/2020
    
                                                      Reserved on:      12.03.2026
                                                     Pronounced on: 25.03.2026
                                                     Uploaded on:       25.03.2026
                                                  Whether the operative part or full
                                                  judgment is pronounced: Full
    
    Gopal Krishan                                                  ..... Petitioner (s)
    
                                      Through :- Mr. Abhinav Sharma Sr. Advocate
                                                 with Mr. Abhirash Sharma Adv.
    
                                V/s
    
    UT of J&K and others                                          .....Respondent(s)
    
                                      Through :- Mr Mayank Gupta Advocate.
    
    Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
    
    
                                       JUDGMENT
    

    1 The petitioner, through the medium of present petition, has

    challenged order No.JMC/PS/COM/279 dated 20.05.2020 passed by

    SPONSORED

    respondent No. 2, whereby he has been dismissed from service. Challenge has

    also been thrown to the Departmental Enquiry proceedings that have been

    conducted by respondent No. 2 holding him guilty of the charge of misconduct.

    2. As per case of the petitioner, he was appointed as Sanitary

    Inspector in Jammu Municipal Corporation (JMC) in the year 1991 and was

    promoted as Enforcement Inspector in the year 2016. According to the

    petitioner, he was posted as Enforcement Inspector for Ward Nos. 51, 52, 53 &

    54 of Jammu from 07.02.2019 to 31.07.2019.

    3 A complaint dated 18.06.2019 came to be filed against the

    petitioner by one Smt. Jyoti Devi, Corporator Ward No. 53, Trikuta Nagar,

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    Jammu, alleging that unauthorised construction is going on in Ward No. 53 and

    no action is being taken by the petitioner. On the basis of the aforesaid

    complaint, an enquiry came to be initiated against the petitioner and he was

    directed to explain his position. The petitioner is stated to have submitted his

    reply on 15.07.2019. A preliminary inquiry was conducted by the Assistant

    Commissioner (Revenue), JMC who submitted his report dated 27.07.2019. On

    the basis of the fact-finding report submitted by Assistant Commissioner

    (Revenue), JMC, the petitioner was placed under suspension by virtue of order

    dated 31.07.2019 issued by respondent No. 2, and the Secretary, JMC was

    appointed as the Enquiry Officer to look into the allegations against the

    petitioner. Accordingly, a fresh preliminary enquiry was conducted into the

    allegations against the petitioner. The Secretary, JMC Jammu, after a detailed

    enquiry, submitted his report and recommendations vide his communication

    dated 12.12.2019.

    4. Thereafter, respondent No. 2, by virtue of memorandum dated

    17.02.2020, initiated departmental proceedings against the petitioner in terms

    of Rule 33 of the Civil Services (Classification, Control and Appeal) Rules,

    1956 (hereinafter referred to as the Rules of 1956). The article of charges and

    the statement of imputations were served upon the petitioner, who was asked to

    file his written statement of defence within 07 days. The petitioner is stated to

    have submitted his written statement of defence on 22.02.2020 denying the

    charges. Thereafter, respondent No. 2 appointed herself as the Enquiry Officer

    and proceeded to hold the enquiry into the charges levelled against the

    petitioner.

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    5 By virtue of notice dated 20.03.2020, the petitioner was directed

    to appear before respondent No. 2 for recording his statement of defence.

    During the course of enquiry, respondent No. 2 directed the Joint

    Commissioner Administration, JMC (respondent No.4 herien), to submit a

    factual report relating to the constructions raised between February 2019 to

    July 2019. Accordingly, a report dated 20.04.2020 was submitted by

    respondent No. 4. Respondent No.2, the Enquiry Officer rendered her report

    dated 23.04.2020 holding the petitioner guilty of the charges.

    6 Thereafter, respondent No. 2, vide notice dated 23.04.2020, asked

    the petitioner to show cause as to why the proposed penalty of dismissal from

    service in terms of Rule 30 of the Rules of 1956 be not imposed upon him. The

    petitioner submitted his reply to the notice vide his communication dated

    29.04.2020, pleading that the enquiry had not been conducted in accordance

    with the Rules and that he had not been permitted to cross-examine the

    witnesses. Another notice dated 05.05.2020 was issued by respondent No. 2 to

    the petitioner asking him to appear before her on 08.05.2020. The petitioner is

    stated to have filed a written reply to the notice dated 05.05.2020. Thereafter,

    respondent No. 2 proceeded to issue the impugned order dated 20.05.2020

    whereby the petitioner has been dismissed from service.

    7. The petitioner has challenged the impugned order on the ground

    that the same suffers from malice and personal bias. It has been contended that

    respondent No. 2 has not appreciated the reply filed by the petitioner and has

    proceeded to record findings without any substantial evidence. It has been

    further contended that respondent No. 2 has not complied with the principles

    of natural justice, as the petitioner was never allowed to cross-examine the

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    witnesses on the basis of whose statements respondent No. 2 had come to the

    conclusion that the petitioner is guilty of dereliction of duty. It has been

    contended that respondent No. 2 has not furnished copy of the record on the

    basis of which findings have been recorded by the said respondent. It has also

    been contended that the punishment imposed upon the petitioner is

    disproportionate to the charges levelled against him. It has been contended that

    no formal order for appointment of Enquiry Officer has been made and even

    the Presenting Officer has not been appointed. It has been contended that the

    reports relied upon by the Enquiry Officer are not substantiated by oral

    statements of any witness. It has been contended that respondent No. 2, by

    acting as the Disciplinary Authority as well as the Enquiry Officer, and by

    taking active part in recording the statements of the departmental witnesses

    and putting leading questions to them, had become an adjudicator as well as the

    prosecutor while rendering the inquiry report and finally passing the order of

    punishment against the petitioner. This, according to the petitioner, violates the

    principles of natural justice.

    8. The respondents have contested the writ petition by filing their

    reply. In the reply, it has been submitted that a preliminary enquiry was

    initiated against the petitioner on the basis of a complaint dated 18.06.2019

    received from the Councillor of Ward No. 53. It was alleged in the complaint

    that the petitioner, who was posted as an Enforcement Inspector, was not

    performing his duties properly and unauthorised construction work was going

    on in the said ward. While the preliminary enquiry was being conducted into

    the said complaint, another complaint was received against the petitioner from

    one Sh. Surinder Singh leveling similar allegations.

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    9 It has been submitted that, as per the report of preliminary enquiry

    dated 27.07.2019, various constructions had come up in Ward Nos. 53 and 17

    without any building permission. On the basis of these findings, a fresh enquiry

    was ordered and the Secretary, JMC was appointed as the Enquiry Officer. The

    said Enquiry Officer submitted his report dated 12.12.2019 and, as per the said

    report, the petitioner did not inform his superior officers for timely legal action

    against illegal constructions that were coming up in the area of his jurisdiction.

    It was reported that the petitioner had shown laxity and dereliction in

    performing his duties.

    10 Based on the findings of the enquiry Officer, a charge sheet was

    issued to the petitioner vide memorandum dated 17.06.2020 along with the

    article of charges and statement of imputations. It has been submitted that the

    petitioner filed his written statement of defence on 21.02.2020 in response to

    the charge sheet. The reply of the petitioner was not found satisfactory by the

    competent authority, as such, a detailed enquiry was initiated against the

    petitioner by the Disciplinary Authority, who designated itself as the Enquiry

    Officer. It has been submitted that during the enquiry proceedings, the

    petitioner was given adequate opportunity of hearing, and he filed a

    comprehensive reply to the charges. It has been submitted that statements of as

    many as eleven witnesses were recorded by the Enquiry Officer. The

    particulars of these witnesses find mention in the reply. According to the

    respondents, the Enquiry Officer has not relied upon the statements of these

    witnesses but has only relied upon the official record and the reports, while

    arriving at the findings.

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    11 It has been further submitted that, during the disciplinary

    proceedings, reports were sought from the Senior Town Planner and the Joint

    Commissioner (A) to verify the claims made by the petitioner in his reply.

    These reports were received on 20.04.2020. The entire available material,

    including relevant records of the Enforcement Section, Building Section, and

    Works Section, were scrutinised by the Enquiry Officer, and a threadbare

    examination of the records was undertaken to arrive at a conclusion in respect

    of the allegations relating to violations in raising constructions. The details

    thereof have been given in the reply filed by the respondents. The Enquiry

    Officer is stated to have analysed and assessed the timing of raising of illegal

    constructions within the petitioner’s area of operation for the period from

    07.02.2019 to 31.07.2019, by examining the labour schedule and the

    corresponding pace of work. According to the respondents, these parameters

    clearly established that the illegal constructions had taken place during the

    tenure of the petitioner. It was found that illegal construction at as many as

    three sites had been carried out, either partially or fully, during the petitioner’s

    tenure. It has been contended that the petitioner was obliged to report such

    violations promptly to enable timely action.

    12 The Enquiry Officer concluded that the articles of charges framed

    against the petitioner stand proved. Accordingly, enquiry report dated

    23.04.2020 came to be framed by respondent No.2. Pursuant to the aforesaid

    findings of the Enquiry Officer, notice in terms of Rule 34 of the Rules of 1956

    was issued by respondent No.2 in the capacity of Disciplinary Authority to the

    petitioner asking him to show cause as to why the penalty of dismissal from

    service be not imposed upon him. Pursuant to the said notice, the petitioner is

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    stated to have appeared before the Disciplinary Authority on 18.05.2020.

    However, he could not produce any new documentary evidence in support of

    his claim. Accordingly, the impugned order dated 20.05.2020 imposing

    punishment of dismissal from service upon the petitioner came to be issued.

    13. It has been contended that every opportunity was given to the

    petitioner to produce the documents and the Enquiry Officer has supplied all

    the documents to the petitioner. It has been contended that there has been no

    breach of any statutory Rule while conducting the enquiry against the

    petitioner. To lend support to their case, the respondents have also produced

    the record relating to the enquiry.

    14. I have heard learned counsel for the parties and perused record of

    the case.

    15. For assailing the impugned order imposing penalty of dismissal

    from service upon the petitioner and the impugned enquiry report, learned

    Senior Counsel appearing for the petitioner has raised a number of grounds.

    However, he has laid much emphasis on the ground that respondent No. 2 has

    acted as a prosecutor and an adjudicator in the present case and, as such, on

    this ground alone the impugned enquiry proceedings are liable to be quashed. It

    has also been contended that the petitioner has not been given the opportunity

    of cross-examining the witnesses whose statements were recorded during the

    course of the enquiry proceedings and that the entire material relied upon by

    the Enquiry Officer has not been furnished to the petitioner. Thus, according to

    the learned Senior Counsel, the impugned order imposing major punishment

    upon the petitioner cannot be sustained in law.

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    16. So far as the first ground projected by the petitioner is concerned,

    it appears that vide memorandum dated 17.02.2020, respondent No. 2

    formulated the charges against the petitioner and the same were received by the

    petitioner on 17.02.2020. Vide his communication dated 21.02.2020, the

    petitioner submitted his written statement of defence to the articles of charges

    and statement of imputations. Thereafter, on 24.02.2020, respondent No. 2,

    who is also the Disciplinary Authority in respect of the petitioner, issued order

    dated 24.02.2020 appointing herself as the Enquiry Officer in order to conduct

    a detailed enquiry into the charges in terms of the Rules of 1956. The petitioner

    was further directed to submit his reply within a week’s time. The record shows

    that respondent No. 2, who happens to be the Disciplinary Authority, after

    appointing herself as the Enquiry Officer, has not passed any order for

    appointment of a Presenting Officer.

    17 The question that arises for determination is as to whether, in a

    case where the Disciplinary Authority acts as Enquiry Officer and does not

    appoint a Presenting Officer, the enquiry proceedings are vitiated.The said

    issue has been a subject matter of discussion and determination before the

    Supreme Court in a number of cases.

    18 In State of U.P. and others vs. Saroj Kumar Sinha, 2010 (2)

    SCC 772, the Supreme Court has, while explaining the status of an Enquiry

    Officer, held that an Enquiry Officer is a quasi-judicial authority and he has to

    act as an independent adjudicator and that he is not a representative of the

    department. Paras (28), (30) & (31) of the said judgment are relevant to the

    context and the same are reproduced as under:

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    “28.Enquiry officer acting in a quasi judicial authority is in the
    position of an independent adjudicator. He is not supposed
    to be a representative of the department disciplinary
    Authority/Government. His function is to examine the evidence
    presented by the department, even in the absence of the delinquent
    official to see as to whether the unrebutted evidence is sufficient to
    hold that the charges are proved. In the present case the aforesaid
    procedure has not been observed. Since no oral evidence has been
    examined the documents have not been proved, and could not
    have been taken into consideration to conclude that the charges
    have been proved against the respondents.

    30.When a department enquiry is conducted against the
    Government servant it cannot be treated as a casual exercise. The
    enquiry proceedings also cannot be conducted with a closed mind.

    The enquiry officer has to be wholly unbiased. The rules of natural
    justice are required to be observed to ensure not only that justice is
    done but is manifestly seen to be done. The object of rules of
    natural justice is to ensure that a government servant is treated
    fairly in proceedings which may culminate in imposition of
    punishment including dismissal/removal from service.

    31. In the case of Shaughnessy v. United States, 345 US 206
    (1953) (Jackson J), a judge of the United States Supreme Court
    has said “procedural fairness and regularity are of
    the indispensable essence of liberty. Severe substantive laws can
    be endured if they are fairly and impartially applied.”

    19. Karnataka High Court in the case of Bharath Electronics Ltd vs.

    K. Kasi, 1986 SCC Online Karnataka 30, had an occasion to consider the

    issue as to whether non-appointment of a Presenting Officer would vitiate the

    enquiry proceedings. Paras (14) and ( 15) of the said judgment are relevant to

    the context and the same are reproduced as under:

    “14. One other ground on which the domestic inquiry was held
    invalid was that Presenting Officer was not appointed. This view
    of the Tribunal is also patently untenable. There is no legal
    compulsion that Presenting Officer should be appointed.
    Therefore, the mere fact that the Presenting Officer was not
    appointed is no ground to set aside the inquiry See : Gopalakrishna
    Reddy v. State of Karnataka (ILR (Karnataka
    ) 1980(1) 575). It is
    true that in the absence of Presenting Officer if the Inquiring

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    Authority plays the role of the Presenting Officer, the inquiry
    would be invalid and this aspect arises out of the next point raised
    for the petitioner, which I shall consider immediately hereafter.

    15. The third ground on which the Industrial Tribunal held that the
    domestic inquiry was invalid was that the Inquiry Officer had
    played the role of the Presenting Officer. The relevant part of the
    findings reads :

    “The Learned Counsel for the workman further contended that
    the questions put by the Enquiry Officer to the Management’s
    witnesses themselves suggest that he was biased and prejudiced
    against the workman. There has been no explanation as to why
    no Presenting Officer was appointed and as to why the Enquiry
    Officer took upon himself the burden of putting questions to the
    Management witnesses. The enquiry proceedings at Ext. A-6
    disclose that after the cross-examination of the Management’s
    witnesses by the defence, the Enquiry Officer has further put
    certain questions by way of explanation, but from their nature
    an inference arises that they are directed to fill in the lacuna.
    The Learned Counsel for the Management contended that the
    Enquiry Officer has followed the principles of natural justice
    and that the domestic enquiry is quite valid. I am of the view
    that the fact that the Enquiry Officer has himself taken up the
    role of the Presenting Officer for the management goes to the
    root of the matter and vitiates the enquiry,”

    As far as position in law is concerned, it is common ground that
    if the Inquiring Authority plays the role of a Prosecutor and
    cross-examines defence witnesses or puts leading questions to
    the prosecution witnesses clearly exposing a biased state of
    mind, the inquiry would be opposed to principles of natural
    justice. But the question for consideration in this case is :

    Whether the Inquiry Officer did so ? It is also settled law that an
    Inquiring Authority is entitled to put questions to the witnesses
    for clarification wherever it becomes necessary and so long the
    delinquent employee is permitted to cross-examine the
    witnesses after the Inquiring Authority questions the witnesses,
    the inquiry proceedings cannot be impeached as unfair. See :

    Munchandani Electric and Radio Industries Ltd. v. Their
    Workman”

    20. Again, the Supreme Court in the case of Workmen, Lambababri

    Tea Estate vs. Management,1965 SCC Online SC 5 considered the question

    whether, in a case where the Enquiry Officer becomes a prosecutor, the enquiry

    is vitiated. The Supreme Court observed thus:

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    “The inquiry which was held by the management on the first
    charge was presided over by the manager himself. It was
    conducted in the presence of the assistant manager and two others.
    The enquiry was not correct in its procedure. The manager
    recorded the statements, cross-examined the labourers who were
    the offenders and made and recorded his own statements on facts
    and questioned the offending labourers about the truth of his own
    statements recorded by himself. The manager did not keep his
    function as the enquiring officer distinct but became witness,
    prosecutor and manager in turns. The record of the enquiry as a
    result is staccato and unsatisfactory.”

    21. A Division Bench of the Madhya Pradesh has, in the case of

    Union of India and othres vs. Naseem Siddiqui, 2004 SCC Online MP 678

    summarized the fundamental principles of natural justice in the following

    manner:

    “(i) The Inquiry Officer, who is in the position of a Judge shall not
    act as a Presenting Officer, who is in the position of a prosecutor.

    (ii) It is not necessary for the Disciplinary Authority to appoint a
    Presenting Officer in each and every inquiry. Non- appointment of
    a Presenting Officer, by itself will not vitiate the inquiry.

    (iii) The Inquiry Officer, with a view to arrive at the truth or to
    obtain clarifications, can put questions to the prosecution
    witnesses as also the defence witnesses. In the absence of a
    Presenting Officer, if the Inquiry Officer puts any questions to the
    prosecution witnesses to elicit the facts, he should thereafter
    permit the delinquent employee to cross-examine such witnesses
    on those clarifications.

    (iv) If the Inquiry Officer conducts a regular examination-in-chief
    by leading the prosecution witnesses through the prosecution case,
    or puts leading questions to the departmental witnesses pregnant
    with answers, or cross-examines the defence witnesses or puts
    suggestive questions to establish the prosecution case employee,
    the Inquiry Officer acts as prosecutor thereby vitiating the inquiry.

    (v) As absence of a Presenting Officer by itself will not vitiate the
    inquiry and it is recognised that the Inquiry Officer can put
    questions to any or all witnesses to elicit the truth, the question
    whether an Inquiry Officer acted as a Presenting Officer, will have
    to be decided with reference to the manner in which the evidence
    is let in and recorded in the inquiry.

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    Whether an Inquiry Officer has merely acted only as an Inquiry
    Officer or has also acted as a Presenting Officer depends on the
    facts of each case. To avoid any allegations of bias and running
    the risk of inquiry being declared as illegal and vitiated, the
    present trend appears to be to invariably appoint Presenting
    Officers, except in simple cases. Be that as it may”.

    22. The aforesaid principles laid down by the Division Bench of

    Madhya Pradesh High Court have been endorsed by the Supreme Court in its

    judgment titled Union of India vs. Ram Lakhan Sharma, (2018) 7 SCC 670.

    In the said case, the Supreme Court held that when the statutory provisions do

    not require appointment of a Presenting Officer, the non-appointment of a

    Presenting Officer does not ipso facto vitiate the inquiry. It was further held

    that if the Inquiry Officer starts acting in any other capacity and proceeds to act

    in a manner as if he is interested in eliciting evidence to punish an employee,

    the principle of bias would come into play. The Supreme Court went on to hold

    that there is no requirement of appointment of a Presenting Officer in each and

    every case and when the statutory rules are silent with regard to the

    applicability of any facet of principles of natural justice which are not

    specifically excluded in the statutory scheme, they are not prohibited. It has

    been further held that when there is no express exclusion of a particular

    principle of natural justice, the said principle shall be applicable in a given case

    to advance the cause of justice. The Court went on to hold that the question as

    to whether an Inquiry Officer who is supposed to act independently in an

    inquiry has acted as a prosecutor or not is a question of fact which has to be

    decided on the facts and proceedings of a particular case.

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    23 In light of the aforesaid principles, let us now analyse the facts of

    the present case. As has already been stated, respondent No. 2 happens to be

    the Disciplinary Authority and she has also acted as an Inquiry Officer. There

    is no prohibition in Rule 34 of the Rules of 1956 for appointment of the

    Disciplinary Authority as the Inquiry Officer. Clause (4) of Rule 33 of the

    Rules of 1956 vests power with the Competent Authority to inquire into the

    charges itself or to appoint an Inquiry Officer for the purpose. Therefore, per se

    there is nothing wrong in the action of respondent No. 2 in appointing herself

    as the Enquiry Officer. The Rules of 1956 also do not provide for appointment

    of a Presenting Officer, but there is no prohibition contained in the said Rules

    regarding appointment of a Presenting Officer. Therefore, the issue as to

    whether, by acting as a Disciplinary Authority, the Inquiry Officer and the

    Presenting Officer, the inquiry proceedings in the present case would get

    vitiated becomes a question of fact which has to be decided having regard to

    the manner in which the inquiry proceedings have been conducted in the

    present case.

    24 In the above context, if we have a look at the record of the inquiry,

    it appears that during the pendency of the inquiry proceedings, respondent

    No. 2 has sought reports from the Senior Town Planner and Joint

    Commissioner (A). It has been done to collect evidence against the petitioner.

    Similarly, respondent No. 2, while conducting the inquiry, has recorded the

    statements of as many as eleven witnesses, out of whom at least two have

    deposed against the petitioner. These witnesses have also produced

    photographs and documents to substantiate their statements. The statements of

    these witnesses have been relied upon by the Inquiry Officer while recording

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    the findings against the petitioner. The record further shows that the statements

    of these witnesses were recorded behind the back of the petitioner and he was

    not even afforded an opportunity to cross-examine the witnesses. It also

    appears that the copies of the reports obtained by the Inquiry Officer from the

    Senior Town Planner and the Joint Commissioner were not furnished to the

    petitioner.

    25 The aforesaid circumstances clearly go on to show that respondent

    No. 2, while acting as the Disciplinary Authority, Inquiry Officer and the

    prosecutor rolled into one, has approached the whole issue with a premeditated

    mind to somehow implicate the petitioner. The manner in which the

    proceedings have been conducted by respondent No. 2 clearly reflects a

    reasonable apprehension of bias against the petitioner.

    26 It has to be kept in mind that while holding disciplinary

    proceedings against an employee and imposing punishment upon him after

    finding him guilty of misconduct, though technical rules of the Code of Civil

    Procedure and the Evidence Act do not apply, yet the principles of natural

    justice are required to be observed strictly. Therefore, the inquiry is required to

    be conducted fairly and reasonably. It is a cardinal principle of natural justice

    that no man shall be a judge in his own cause. The Supreme Court has, in the

    case of Ashok Kumar Yadav and others v. State of Haryana and others

    (1985) 4 SCC 417, held that no person should adjudicate a dispute which he or

    she has dealt with in any capacity. The failure to observe this principle creates

    an apprehension of bias on the part of the said person. Therefore, the law

    requires that a person should not decide a case in which he is interested. The

    question is not whether the person is actually biased, but whether the

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    circumstances are such as to create a reasonable apprehension in the mind of

    others that there is a likelihood of bias affecting the decision.

    27 In the present case, as already stated, the circumstances clearly go

    on to show that there is a reasonable apprehension that the manner in which

    respondent No. 2 has acted in the present case by donning three hats, viz., the

    Disciplinary Authority, the Enquiry Officer and the Presenting Officer, the

    decks were heavily loaded against the petitioner even before imposing

    punishment upon him. The enquiry proceedings and the impugned report of

    enquiry rendered by respondent No.2, as such, get vitiated.

    28 The second ground urged by learned Senior Counsel for the

    petitioner also appears to be well founded. The petitioner was subjected to a

    regular departmental inquiry and, therefore, Rule 33 of the Rules of 1956 was

    required to be followed. The said Rule clearly stipulates that the person

    charged is entitled to cross-examine the witnesses, to give evidence in person

    and to have such witnesses called as he may wish. In the present case, the

    Inquiry Officer has recorded the statements of as many as eleven witnesses, out

    of whom two have deposed against the petitioner and their statements have

    been relied upon by the Inquiry Officer. These witnesses have also placed on

    record of the enquiry the photographs and documents. The record shows that

    the petitioner has not been given an opportunity to cross-examine the witnesses

    and the photographs/documents produced by these witnesses have not been

    furnished to him. The record also bears testimony to the fact that the petitioner

    has not been furnished copies of the reports of the various officers that were

    obtained by the Inquiry Officer during the course of the inquiry, nor has the

    petitioner been given an opportunity of producing his witnesses after the

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    closure of departmental evidence. In fact, the record of the enquiry produced

    before the Court shows that the Enquiry Officer has not even recorded the

    minutes of the enquiry proceedings from which one could gather as to in what

    manner the proceedings have been conducted. The mandate of Rule 33 of the

    Rules of 1956 has been completely violated by the Inquiry Officer while

    conducting the inquiry. On this ground also, the inquiry proceedings are

    vitiated.

    29 Once the impugned inquiry proceedings against the petitioner

    stand vitiated for the reasons stated hereinbefore, the impugned order imposing

    penalty of dismissal from service upon the petitioner cannot sustain. The same,

    therefore, deserves to be quashed.

    30 Ordinarily, the respondents ought to have been granted an

    opportunity of removing the defects in the conduct of departmental

    proceedings by allowing them to hold a fresh enquiry against the petitioner, but

    during the pendency of the present petition, a significant development has

    taken place, which is that the petitioner has superannuated from service in the

    month of October 2024. Once the relationship of an employee and employer

    between the petitioner and the respondent-Corporation has ceased to exist, the

    inquiry proceedings cannot be initiated/continued afresh against him. It is

    pertinent to mention here that the applicable rules do not permit initiation or

    continuation of enquiry proceedings against the petitioner upon his

    superannuation from service. The charges that have been levelled against the

    petitioner, relate to dereliction in duty in reporting illegal constructions raised

    in his area of posting. Thus, even Article 168-A CSR is not attracted to the

    present case because it is not the case of the respondents that the action of the

    WP(C) No. 1776/2020 Page 16 of 17
    2026:JKLHC-JMU:828

    petitioner has resulted in any financial loss to the respondent-Corporation.

    Thus, at this stage, a fresh inquiry cannot be initiated or continued against the

    petitioner in any circumstances whatsoever.

    31 In view of what has been discussed hereinbefore, the impugned

    inquiry proceedings and the impugned order dated 20.05.2020 issued by

    respondent No. 2, whereby the petitioner has been dismissed from service, are

    set aside. The respondents are directed to process the case of the petitioner for

    grant of pension and consequential benefits as per rules by treating him in

    service up to the date of his superannuation.

    (SANJAY DHAR)
    JUDGE
    Jammu
    25.03.2026
    Naresh Secy

    Whether the order is reportable: Yes

    Whether the order is speaking: Yes

    WP(C) No. 1776/2020 Page 17 of 17



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