CR No.7300 of 2010 (O&M) -1- ******** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.7300 of 2010 (O&M) Date of decision:10.11.2010. National Fertilizer Limited and another ...Petitioners Versus Darshan Kumar Garg ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Vipin Mahajan, Advocate, for the petitioners. ***** RAKESH KUMAR JAIN, J. This revision petition is directed against the order dated 09.09.2010 passed by the learned Civil Judge (Junior Division), Bhatinda by which an application filed by the plaintiff for additional evidence has been allowed. In brief, the plaintiff was working as Senior Pharmacist in the National Fertilizer Limited Hospital, Bhatinda Unit, Bhatinda [for short “NFL”]. He was placed under suspension in compliance of NFL Certified Standing Orders and was charge sheeted on 13.06.2003 for grave misconduct. A regular departmental inquiry was held, in which he was held guilty vide report dated 09.10.2003. Thereafter, he submitted his representation, which was taken into consideration and vide order dated 11.11.2003 he was dismissed from service. The plaintiff then filed appeal in which the Appellate Authority took a lenient view and set aside the order of dismissal and passed the order of reversion vide its order dated 10.02.2004. After that, the plaintiff filed suit for declaration to challenge orders dated 11.11.2003 and 10.02.2004 by which he has been punished for reduction in rank to the lower post of Senior Pharmacist. During the pendency of the suit, the plaintiff filed an application for leading additional evidence by way of producing a copy of the memorandum dated 14.07.2008 on the CR No.7300 of 2010 (O&M) -2- ******** ground that he came to know about it recently and according to the said document, in compliance of the guidelines of the Supreme Court in CWP Nos.666-70 of 1992, a committee was constituted to look into the complaints of sexual harassment. The said committee should work guided by para Nos.6 and 7 of the judgment, which are reproduced as under: - “6. Complaint Mechanism Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaint. 7. Complaints committee The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a complaints committee, a special counselor or other support service, including the maintenance of confidentiality.” This document was allowed as an additional evidence on the ground that it is a relevant piece of evidence and if the plaintiff has come to know about the same after closure of his evidence, then the same can be allowed. Learned counsel for the petitioner, while assailing the validity of the impugned order dated 09.09.2010, has vehemently argued that the Court below should not have allowed additional evidence because this document was not pleaded and anything, which is not pleaded, cannot be proved. I have heard learned counsel for the petitioner and have perused the available record. Insofar as the principle of law is concerned, there is no dispute that no evidence beyond the pleadings can be looked into, but CR No.7300 of 2010 (O&M) -3- ******** in this case, the plaintiff has challenged the orders passed by the authorities alleging them to be in violation of the Rules and Regulations which includes the memorandum dated 14.07.1998, which is part of the regulations of the NFL. Thus, to my mind, there is no error in the order of the Court below while allowing the application of the plaintiff and as such, this revision petition is hereby dismissed, however, without any order as to costs. November 10, 2010 (RAKESH KUMAR JAIN) vinod* JUDGE