CWP 777 of 2006. 17.11.2008 Present: Mr. Surinder Sharma, counsel for the petitioner. Mr. Ramakant Sharma, counsel for respondent No. 1. The petitioner has challenged order dated 26.8.2006 (Annexure PZ), dismissing his appeal against the order of the disciplinary authority. However, on the plea of the petitioner that a lenient view be taken, he was compulsorily retired from service. The basic grievance of the petitioner is that the inquiry has been conducted against the principles of natural justice, as the witnesses summoned by him were not allowed to be examined and that he was not given access to three documents. I have seen the record of the inquiry proceedings. It does seem that the inquiry officer was hasty in recording the evidence of the petitioner and not allowing him to produce his entire evidence. This point was raised by the petitioner before the learned appellate authority which has not been decided. It is trite to observe that in any departmental proceedings, the delinquent has to be given a free and fair chance to prove his defence. Without going into the merits of the respective contentions of the parties, this writ petition is allowed and the parties are -2- relegated to the stage where the evidence of the petitioner is to be recorded. It is undisputed before me that the petitioner wants three witnesses to be examined, namely: 1. Harish Verma, the then Inspector, Himachal Gramin Bank, Head Office, Mandi, presently at Branch Office, Bahang, District Kullu, H.P. who inspected the branch record; 2. Sh. Ashok Sharma, the then Area Manager, Himachal Gramin Bank, Head Office, Mandi, who inspected the Branch so many times; 3. Sh. N.L.Sharma, the then Area Manager, Himachal Gramin Bank, Head Office, Mandi. He claims that three documents be supplied to him, namely: 1. Copy of Pay in slip for 1,19,980 marked as EP-97 exhibited by Management; 2. Attendance Register, Himachal Gramin Bank Branch, Sundernagar for the month of June, 2001; 3. Copy of letter HGD: HO: INSP: 2001:4682 dated 19.6.2001 regarding Inspection report of B.L.Dehar as on 24.4.2001. He submits that these are absolutely necessary to prove his innocence. A direction is issued to the respondents that the three documents as mentioned above will be supplied to the petitioner within a period of two weeks from -3- today. The inquiry shall commence from the stage where the petitioner was leading his evidence in defence. It shall be completed without any undue haste or delay on or before 31.3.2009. It shall be open to the inquiry officer to come to his own independent findings on the additional evidence to be brought on record and it shall also be open to the appellate authority to dispose of the appeal, if any in accordance with law, totally uninfluenced by this writ petition or the observations made hereinabove. It is also clarified that this order shall not be construed to mean reinstatement of the petitioner in service or grant of any monetary benefit to him. He shall continue to receive pensionary benefit etc. as are admissible to him today. The petitioner shall appear before the inquiry officer on 25.11.2008. The witnesses named above will be summoned by the inquiry officer in accordance with law through their employer, i.e. the respondent Bank. The writ petition is disposed of accordingly. There shall be no order as to costs. Pending application(s) shall stand disposed of and interim order vacated. November 17, 2008 (PC). (Dev Darshan Sud), J.