Service Law - Disciplinary proceedings - Bank - Theft
of blank draft issue book - Appellant, a bank employee, one of the accused - Enquiry· Officer found appellant guilty by,
placing reliance upon a purported confession made by him
before police authorities - disciplinary Authority without
considering contentions-raised by appellant including the fact t
that in the meanwhile he had been discharged by Criminal Court, directed dismissal of appellant - Held: Enquiry Officer
performs a quasi judicial function and has a duty to arrive at
a finding upon taking into consideration materials brought on
record by parties - On facts, only basic evidence whereupon
reliance was placed by Enquiry Officer was the purported confession made by appellant before police - Said confession should have been proved - No evidence, direct
- or indirect, was brought on record to show that appellant
indulged in stealing the bank draft book - Also, order of
disciplinary authority and of appellate authority were not
supported by any reason - If Enquiry officer had relied upon
F confession made by appellant, there was no reason as to why
. order of discharge passed by Criminal Court on basis of self- ,
same evidence should not have been taken into consideration- Provisions of Evidence Act may not be applicable in
departmental proceeding but principles of natural justice are - As report of Enquiry Officer was based on mere ipse dixit
as also surmises and conjectures, same cannot be sustained
- Appellant accordingly directed to be re-instated with full back
wages - Principles of natural justice - Requirement of
application of mind.