VIGILANCE MANUAL VOLUME III - AP Online

358 DECISION - 119
Kshirode Behari Chakravarthy vs. Union of India,
1970 SLR SC 321
The appellant was proceeded against on certain charges
and at the beginning of the enquiry he wanted to tender some
documents and examine some witnesses in his defence but later on
he informed the Inquiring Officer by a written communication that he
would not tender any evidence in his defence. The charges were
held as proved and he was dismissed, by an order passed by the
Collector of Customs, Shillong. Before the Court, he urged that he
was not given any opportunity of tendering his evidence and examining
witnesses in his defence.
The Supreme Court ruled that when the opportunity of
tendering evidence was given but was not availed of by the delinquent
officer, the enquiry is not vitiated and when the enquiry itself is not
vitiated, the Court is not concerned whether the evidence before the
disciplinary authority justified the order.
(119)
Termination — of temporary service
When temporary employee has given proper notice
under the relevant rules terminating his contract of
service with Government, it is not open to
Government to suspend him and proceed against
him.
V.P. Gindroniya vs. State of Madhya Pradesh,
1970 SLR SC 329
The appellant was a probationary Naib Tahsildar who had
been appointed temporarily. The Commissioner of Raipur Division
ordered an enquiry against him and placed him under suspension in
1961. This order was revoked by the State Government later on.
The State Government also ordered a departmental enquiry against