VIGILANCE MANUAL VOLUME III - AP Online

600 DECISION - 287
remove some procedural defects and not for
recording additional evidence on behalf of
disciplinary authority.
Bansi Ram vs. Commandant V HP SSB Bn. Shamshi, Kulu
District, 1988(4) SLR HP 55
The petitioner was a Constable in the 5th HP SSB Battalion
at Shamshi. A departmental inquiry was held under rule 14 of the
Central Civil Services (CCA) Rules and as per the finding of the Inquiry
Officer, a part of the charge was established. The disciplinary authority
however held the complete charge as proved and issued a show
cause notice and imposed the penalty of dismissal from service. The
petitioner filed a writ petition before the High Court of Himachal
Pradesh that the provisions of rules and principles of natural justice
were violated.
The High Court, on a scrutiny of the record of the disciplinary
proceedings, found that the Inquiry Officer was guided not by any
rule of law or procedure but only the whim and fancy of the Disciplinary
Authority or some of its advisors during the course of the inquiry.
The Inquiry Officer submitted his report on 28-9-74 after examining
3 P.Ws. and without giving an opportunity to the petitioner to produce
his defence evidence. The disciplinary authority sent back the report
to the Inquiry Officer on 31-10-74 and the Inquiry Officer sent his
report on 7-11-74 after making some changes in the inquiry report.
These two inquiry reports are not found on the record. The inquiry
report of 7-11-74 was also received back by the Inquiry Officer on 5-
12-74 and the Inquiry Officer recorded the statement of Dr. Shukre,
not mentioned in the list of witnesses, on 16-6-75 without affording
an opportunity to the petitioner to rebut the evidence and submitted
his report to the disciplinary authority on 19-6-75. This report too
was received back by the Inquiry Officer on 6-7-75 and the Inquiry
Officer examined witness S.I. Kishan Singh, who was not mentioned
in the list of witnesses, and further examined 2 P.Ws. on 24-7-75
and asked the petitioner to produce his defence evidence. The Inquiry