VIGILANCE MANUAL VOLUME III - AP Online

666 DECISION -324
the punishing authority reversed that finding and imposed major
punishment on the delinquent. Two, on the facts of that case, the
recovery of the bearings had, in fact, taken place in the presence of
the Chief Engineer who was the punishing authority and in the course
of the investigation of a criminal case for theft, the police had recorded
statement under sec. 161 Cr.P.C. of the Chief Engineer in which he
stated about the recovery of the stolen bearings from the delinquent
in his presence. In view of these peculiar facts it was observed that
the enquiry was vitiated by violation of the principles of natural justice
as the Chief Engineer was both a witness as well as a Judge. In the
present case, on the other hand, there is nothing to show that the
General Manager was physically present at the time of the checking.
The General Manager is the senior-most officer who heads a depot.
He can supervise various checking parties without being physically
present with any of these parties. However, the inquiry was held by
an officer of the office of the Divisional Manager, Transport
Department, Jalandhar. There is total absence of any personal bias
of the General Manager against the appellant. This is, therefore, not
a case of personal bias nor in the facts of the case can it be held that
there was bias in law. The supervision of the employees in regard to
their duties is an important function of the General Manager and if he
discharges that function it cannot be said that there is legal bias in
his action.
The High Court considered the last contention that the
appellate authority, the Divisional Manager, Transport Department,
failed to observe rule 19 of the Punjab Civil Services (Punishment
and Appeal) Rules, 1970. The High Court observed that in the order
passed by the appellate authority, the factual background was given,
the material facts with regard to the inquiry leading to the order of
removal were mentioned giving details of the progress of the inquiry
on various dates and the conduct of the delinquent. The various
grievances raised by the delinquent in the appeal were listed and an