(MENAFN- Kashmir Observer) Representational Photo
By M Ahmad
Srinagar- The High Court of J&K and Ladakh has said the charges in departmental proceedings are not required to be proved like a criminal trial.
Dismissing a petition filed by CRPF personnel, Mushtaq Ahmad Khan against dismissal from services in 2011, a bench of Justice Vinod Chatterji Koul said all the requirements as required to be complied with as per the Act and Rules have been followed while conducting the enquiry in the case.
“...Disciplinary proceedings...being quasi criminal in nature; there should be some evidence to prove charges,” the court said, adding,“The charges in departmental proceedings are not required to be proved like criminal trial, i.e., beyond all reasonable doubt, but we cannot lose sight of the fact that the enquiry officer performs a quasi judicial function, who upon analyze the documents must arrive at a conclusion that there had been preponderance of probability to prove the charges on the basis of material on record.”
While doing so, the court said, he cannot take into consideration any irrelevant fact and cannot refuse to consider relevant facts.“As is evident from the record of this case, the evidence has been collected in this matter and the enquiry officer has considered the evidence and the evidence so produced make the probability of proving the charges.”
The evidence after having been appreciated by the enquiry officer was held to be sufficient to prove the charges which otherwise have not been denied by the petitioner, Khan.
“There is no dispute with regard to the effect that the petitioner has remained absent after availing 22 days leave which was sanctioned in his favour,” the court said, adding,“He was report back on 06.06.2010, after availing leave, but he overstayed and despite letters sent to him by the respondents (CRPF authorities), he did not report back to his duty.” Khan pleaded certain ailments not only of his parents but his wife and also about his own self, but he could not produce any documentary proof before the enquiry officer to substantiate such ailments, the court said.
“The enquiry officer has appreciated and considered the evidence in this matter,” the court said, adding,“The petitioner (Khan) has not availed remedy of appeal /revision which was available to him under the provisions of CRPF Act and Rules and instead of challenging is dismissal from the services in appeal/revision, he has approached this Court seeking an order quashing of order of dismissal which is based upon the proof of the charges in the enquiry conducted that too on the evidences produced.”
Eventually, the court said sufficient and reasonable opportunity had been granted to Khan to defend his case, but he overstayed the leave and remained unauthorizedly absent from the duties for about 177 days.“The order of dismissal, therefore, cannot be said to be harsh or excessive. Thus, the instant writ petition is dismissed.”
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