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Union Of India And Others v. Prakash Kumar Tandon .
Factual and Procedural Background
The respondent, an Inspector of Works at Satna, was charge-sheeted for allegedly accepting sub-standard timber. A Chief Engineer on deputation to the Vigilance Department was appointed as Inquiry Officer under Chapter V of the Railway Establishment Code. Before the inquiry began, the respondent requested that Assistant Engineer B.S. Walia—who had performed a 100% test check of the measurements—be summoned, but the request received no response and Walia was not examined.
The Inquiry Officer found the respondent guilty, and the disciplinary authority reduced his pay for two years. On appeal, the penalty was enhanced to reduction to the lowest stage of the pay-scale for three years with cumulative effect. The respondent challenged these orders before the Central Administrative Tribunal, which set them aside on the grounds that (i) the Inquiry Officer was senior to the disciplinary authority, and (ii) failure to examine Walia violated natural justice. The Madhya Pradesh High Court dismissed the Railway Administration’s writ petition. The present appeal before the Supreme Court is against the High Court’s judgment.
Legal Issues Presented
- Whether the appointment of a Chief Engineer—senior in rank to the disciplinary authority and belonging to the Vigilance Department—as Inquiry Officer vitiated the disciplinary proceedings.
- Whether the failure to summon Assistant Engineer B.S. Walia, despite the respondent’s specific request, violated the principles of natural justice and prejudiced the respondent’s defence.
Arguments of the Parties
Appellant’s Arguments
- The respondent suffered no prejudice from the appointment of the Chief Engineer because the disciplinary and appellate authorities were not subordinate to him.
- If the respondent had objected during the inquiry, another officer could have been appointed; hence any objection was waived.
- The prosecution has discretion to decide which witnesses to examine; since Vigilance had already interrogated Walia and found him innocent, summoning him was unnecessary.
Respondent’s Arguments
- Passing and measurement of timber fell under the domain of the Assistant Engineer; therefore Walia’s testimony was vital to clarify the facts.
- The Inquiry Officer, being the Chief of Vigilance and senior to the disciplinary authority, created an inherent unfairness in the proceedings.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| M.V. Bijlani v. Union of India, (2006) 5 SCC 88 | The Inquiry Officer performs a quasi-judicial function and must base findings on relevant material; fairness and preponderance of probability govern proof of charges. | Reinforced the requirement that the Inquiry Officer consider all relevant evidence and avoid ignoring material testimonies such as that of Walia. |
| S.L. Kapoor v. Jagmohan, (1980) 4 SCC 379 | Non-compliance with principles of natural justice is itself prejudicial. | Cited to affirm that failure to summon an essential witness and the Inquiry Officer’s seniority constituted sufficient prejudice to invalidate the proceedings. |
Court's Reasoning and Analysis
The Court noted a Railway clarification dated 3-4-1990 confirming that Assistant Engineers are responsible for correctness of measurements and traditionally pass woodwork. Because Walia checked the measurement book on 5-7-1991 and 6-7-1991, his evidence was central to determining liability. The Inquiry Officer, however, neither ruled on the respondent’s written request nor summoned Walia, thereby breaching natural justice.
Additionally, the Inquiry Officer was the Chief of Vigilance and senior in rank to the disciplinary authority. The Court held that appointing such an officer undermined the fairness expected of a quasi-judicial process, especially since the Vigilance Department had initiated the raid that led to the charges.
Relying on M.V. Bijlani, the Court emphasized that an Inquiry Officer must consider relevant evidence and cannot omit it. By referencing S.L. Kapoor, the Court underscored that denial of natural justice presumptively causes prejudice. The cumulative effect of the unfair inquiry and the refusal to summon a crucial witness justified the Tribunal’s and High Court’s interference.
Holding and Implications
APPEAL DISMISSED WITH COSTS (counsel’s fee assessed at Rs 10,000).
The disciplinary penalty against the respondent remains set aside, affirming the Tribunal and High Court. The judgment reiterates that appointing an Inquiry Officer senior to the disciplinary authority and ignoring requests to summon material witnesses violate natural justice, though it sets no new precedent beyond reinforcing established principles.
S.B Sinha, J.— Leave granted.
2. This appeal is directed against the judgment and order dated 12-5-2005 passed by a Division Bench of the Madhya Pradesh High Court whereby and whereunder a writ petition filed by the appellant herein from a judgment and order of the Central Administrative Tribunal allowing the respondent's original application was dismissed.
3. The respondent, at all material times, was and still is working as Inspector of Works at Satna. Allegedly, on the premise that he had accepted substandard quality of wood, a charge-sheet was issued. Indisputably, the procedure for imposition of major penalties on railway servants is governed by Chapter V of the Establishment Code, Vol. I; Para 3 whereof reads as under:
“3. Appointment of Board of Inquiry or Inquiring Officer (Rule 1710).—The disciplinary authority may enquire into the charges itself or if it considers necessary, it may, either at the time of communicating the charges to the railway servant under Rule 1709 or at any time thereafter, appoint a Board of Inquiry or an Inquiring Officer for the purpose, which will be termed as the ‘Inquiring Authority’.
Note.—This is an enabling rule. The inquiry may be conducted by the disciplinary authority itself or he may get the same done through an agency of his choice. The choice is confined either to a board or a named officer. The procedure in all cases is to be in accordance with that laid down in Rule 1709 ante.”
4. An enquiry officer was appointed for holding the said disciplinary enquiry. He was a Chief Engineer being on deputation to the Vigilance Department. Whereas the appointing authority of the respondent was of the rank of District Railway Manager, the disciplinary authority is only a Senior Executive Engineer. The District Railway Manager of Railways is also the appellate authority.
5. Before the disciplinary proceedings commenced, the respondent, indisputably by a letter dated 20-2-1996 requested the inquiry officer to summon the Assistant Engineer Mr B.S Walia, stating:
“You will be kind enough to fix up a date of the next inquiry in the first fortnight of March 1996 anywhere as per your convenience.
Shri B.S Walia, AEN(M)STA now AEN(M)NGP ‘Headquarter’ must be called for as the AEN who recorded 100% test check.
All other witnesses to whom the vigilance wants to examine may be called and their presence be ensured. Further the inquiry date to be fixed for examination and in the same sequence arguments are also submitted. This will facilitate early completion of an inquiry.
Ex AEN(C)STA Shri B.S Walia, who is of course a railway witness but since he is very much involved in measurements and checking in supply, he may be specifically requested to be present to clear many contradictions to enable the inquiry officer to derive a fair and free judicious conclusion.”
The said letter was not responded to. It was not rejected either. Concededly, the said Mr Walia was not examined.
6. In the disciplinary proceedings, the respondent was found guilty. Punishment of reduction of pay to the lower stage in the scale of 6500-10,500 for a period of two years with cumulative effect was imposed on him by the disciplinary authority by an order dated 6-1-1998. He preferred an appeal thereagainst before the appellate authority which was also dismissed. The appellate authority enhanced the penalty by directing reduction of his pay to the lowest stage of Rs 6500 in the scale of pay of Rs 6500-10,500 for a period of three years with cumulative effect.
7. Order of the appellate authority was questioned by the respondent by filing an original application before the Central Administrative Tribunal. In the said application, the respondent, inter alia, contended that the inquiry officer being superior in rank to the disciplinary authority and Mr B.S Walia having not been examined as a witness by the Department, the order imposing penalty was unsustainable. The learned Tribunal held:
“After hearing the learned counsel for the parties, we find from Annexure A-3 that ‘AEN is responsible for correctness of measurement for all works’ and the applicant has also requested to the respondents to call the AEN for clarifying the picture. But, he was not called whereas he was the main person to clarify the picture. In the reply the respondents have stated that Shri Walia was interrogated by the vigilance and nothing was found against him. Hence he was not called nor cited as a witness. It seems to be not satisfactory, therefore, the contention of the respondents is rejected. We have also found that the enquiry officer was from a different department and of a different division and thus there is no question of daring to disagree or to reappreciate the findings by independent application of mind. However, the argument advanced by the respondents also does not seem to be proper and justified. The enquiry officer must be junior to the disciplinary authority. He may be of any department. If the enquiry officer is senior to the disciplinary authority, the same is neither legal nor justified and it is against the principles of natural justice.”
The writ petition filed by the appellant has been dismissed by the High Court by reason of the impugned judgment.
8. Ms Rajni Ohri Lal, learned counsel appearing on behalf of the appellant, would submit that the respondent cannot be said to have been prejudiced by reason of the appointment of the Chief Engineer as an enquiry officer who was on deputation to the Vigilance Department as he was from a different department and, thus, the disciplinary authority or the appellate authority were not working under him. In any event, had such a plea been raised by the respondent before the disciplinary authority, the enquiry officer could have been changed and in that view of the matter, he must be held to have waived his right. It was urged that as the function of the disciplinary authority and the enquiry officer are different, the question of suffering any prejudice by the respondent did not arise.
9. So far as non-summoning of the witness of Mr Walia is concerned, the learned counsel would contend, he had been interrogated by the Vigilance Department and as he was found to be innocent, it was not found necessary to examine him. It was always open to the prosecution, the learned counsel would contend, to examine or not to examine any witness on behalf of the Department.
10. Mr Raju, learned counsel appearing on behalf of the respondent, on the other hand, would contend that examination of Mr Walia was essential as the passing of timber and woodwork was within the domain of the Executive Engineer.
11. The learned counsel appears to be correct. The Central Railway Administration as far back as on 3-4-1990 issued a clarification as to whether the power of the Assistant Engineer to pass the timber/woodwork has been taken away or not, to state:
“The matter has been scrutinised and it is observed that the confusion has arisen due to use of the word ‘Engineer’ in Specification No. 1001. Correlating the word ‘Engineer’ with GCC implied Divisional Engineer and hence the interpretation was extended accordingly in the circular referred to above.
However, after reconsidering the matter and going through the instructions on delegation of powers in respect of measurement (RB's Letter No. 71.W1.CT/16 dated 23-7-1987) it is seen that AEN is responsible for correctness of measurement for all works. Woodwork and other materials have traditionally been passed by the Assistant Engineer.
Hence, it has been decided by the Chief Engineer in partial modification of the above circular that woodwork shall continue to be passed by the Assistant Engineer.”
The respondent, in his defence, contended that the measurement book was checked by Mr Walia on 5-7-1991 and 6-7-1991. According to him, he was not at all responsible either as regards the quality of wood or the correctness of measurement of the timber in question.
12. The disciplinary proceedings were initiated only after a raid was conducted by the Vigilance Department. The enquiry officer was the Chief of the Vigilance Department. He evidently being from the Vigilance Department, with a view to be fair to the delinquent officer, should not have been appointed as an enquiry officer at all.
13. From the evidence of another Assistant Engineer who had taken part in the raid, it is evident that the alleged loss caused to the Railways was negligible and mere marginal allowances are permitted for measurement of “scantlings and planks”.
14. In the aforementioned situation, we are of the opinion that the Tribunal as also the High Court cannot be said to have erred in holding that the said Mr Walia should have been examined as a witness.
15. The principles of natural justice demand that an application for summoning a witness by the delinquent officer should be considered by the enquiry officer. It was obligatory on the part of the enquiry officer to pass an order in the said application. He could not refuse to consider the same. It is not for the Railway Administration to contend that it is for them to consider as to whether any witness should be examined by it or not. It was for the enquiry officer to take a decision thereupon. A disciplinary proceeding must be fairly conducted. An enquiry officer is a quasi-judicial authority. He, therefore, must perform his functions fairly and reasonably which is even otherwise the requirement of the principles of natural justice.
16. In M.V Bijlani v. Union of India (2006) 5 SCC 88 this Court has held:
“25. … Although the charges in a departmental proceeding are not required to be proved like a criminal trial i.e beyond all reasonable doubt, we cannot lose sight of the fact that the enquiry officer performs a quasi-judicial function, who upon analysing the documents must arrive at a conclusion that there had been a preponderance of probability to prove the charges on the basis of materials on record. While doing so, he cannot take into consideration any irrelevant fact. He cannot refuse to consider the relevant facts. He cannot shift the burden of proof. He cannot reject the relevant testimony of the witnesses only on the basis of surmises and conjectures. He cannot enquire into the allegations with which the delinquent officer had not been charged with.”
17. If the disciplinary proceedings have not been fairly conducted, an inference can be drawn that the delinquent officer was prejudiced thereby.
18. In S.L Kapoor v. Jagmohan (1980) 4 SCC 379 this Court has held that non-compliance with the principles of natural justice itself causes prejudice. We are not oblivious of the fact that the said principle has since been watered down but in a situation of this nature, we are of the opinion that the concurrent findings of the Tribunal, as also the High Court cannot be said to be unreasonable or suffering from any legal infirmity warranting interference.
19. The appeal, therefore, is dismissed with costs. Counsel's fee assessed at Rs 10,000.
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