CWP NO.3181 OF 1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 25.11.2008 Sar Khan ..Petitioner Versus State of Haryana and others .Respondents CORUM HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.J.L.Malhotra, Advocate for the petitioner Mr.RS Kundu, Addl.A.G., Haryana PERMOD KOHLI,J. (ORAL) The petitioner has assailed the orders (Annexures P-1 to P-3). Annexure P-1 is enquiry report, Annexure P-2 is the order passed by the disciplinary authority i.e. Deputy Collector, Gurgaon on the enquiry report and Annexure P-3 is the order passed by the Commissioner & Secretary to Government Haryana, Development and Panchayats Department, Chandigarh, as an appellate authority. The main ground on which the aforesaid impugned orders have been challenged is that initially, the preliminary enquiry was conducted at the back of the petitioner and when the statements of witnesses were recorded, no notice was given to the petitioner and no opportunity of cross-examination of the witnesses was provided to the petitioner. The specific allegation in this respect is made in paragraph 3 of the writ petition. CWP NO.3181 OF 1988 2 In the reply filed by respondents no.1 and 2, paragraph 3 of the writ petition has been totally admitted. Otherwise also, from the perusal of the enquiry report, it appears that the Enquiry Officer has relied upon the report of the preliminary enquiry which was conducted without affording any opportunity to the petitioner to cross-examine the witnesses whose statements were recovered during the preliminary enquiry. There is total violation of the principles of natural justice and the enquiry conducted is unfair and is not sustainable in law. In this view of the matter, the writ petition is allowed. Annexures P-1 to P-3 (enquiry report dated 15.11.1985, order dated 11.5.1987 and order dated 2.12.1987, respectively) are hereby quashed. However, the respondents are granted liberty to conduct fresh enquiry by observing the principles of natural justice. Since the enquiry pertains to the year 1985, the respondents are directed to conclude the enquiry within three months from the date of issuance of notice to the petitioner and pass appropriate orders on consideration of all the materials within a period of one months thereafter. (PERMOD KOHLI) JUDGE 25.11.2008 MFK