IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5088 of 2009 NARAYAN JHA Versus THE BIHAR STATE ELECTRICITY BOARD & OTHERS ----------- For the petitioner: Mr Gautam Bose, Sr. Advocate with M/s Ratna Das, Mahesh Kumar & Ajay Kumar, Advocates For the Board : Mr Vinay Kirti Singh, Advocate Mr. Akhileshwar Singh, Advocate -------- 2. 14.05.2009 Heard learned Counsel for the petitioner and the learned Counsel for the Bihar State Electricity Board. Departmental proceedings are pending against the petitioner. The submission is that the petitioner has made a request for such documents which find reference in the charges including the audit report on which the charges are based. The grievance is that the documents are not being made available to the petitioner. Certain witnesses have already been examined whom the petitioner has not been able to cross-examine properly in absence of such documents not being made available to him. Learned Counsel for the Board submits that the petitioner can have access to and examine all documents in the office and there is no absolute right in the petitioner to ask for any document. In a departmental proceeding if the delinquent makes a request for documents from the charge sheet, the enquiry officer is required to pass appropriate orders on such application. If he is of the opinion that the documents are germane the documents have to be supplied. In certain circumstances, when the documents are voluminous and transportation may not be easy the delinquent can be asked to come and inspect the documents in officem . If the authorities be of the opinion that the documents are not relevant or germane to the issue in the proceeding a reasoned and speaking order is required to be passed that the documents being requested for were not relevant for the purpose of departmental proceeding and therefore were not required to be supplied. The respondents are therefore directed to act in accordance with the aforesaid observations on the request of the petitioner made for supply of documents. After the request of the petitioner is considered and appropriate orders passed, the respondents are obliged to prove him a reasonable time of at least four weeks for filing any further replies that he wishes to do. After the decision is taken by the authorities and if the petitioner files any application before the enquiry officer for recall of any witness specifying the reasons therefore in light of the documents that may be furnished to him hereinafter the enquiry officer is required to consider any such application in light of the aforesaid discussion and pass appropriate orders thereupon. The writ application stands disposed with the aforesaid directions. Snkumar/- (Navin Sinha,J.)