352.
(P&H HC) 13-05-2020
A. Punjab Co-operative Societies Act, 1961 (25 of 1961), Section 54 – Dismissal of employee -- Embezzlement charge – Inquiry Report -- Inquiry Report does not even reflect any consideration, worth the name, of the documentary evidence by the Inquiry Officer to support his ultimate findings -- Inquiry Officer patently went by the oral evidence adduced before him, which was discussed at length, but there is neither any detailed reference to nor discussion about the documentary evidence marked through the said witnesses -- Though it would not have been possible for the Inquiry Officer to record individual findings on each of the 3549 fake entries allegedly made by the petitioner, he did not even choose to randomly test and analyze at least some such entries and record proper findings thereon – Dismissal order and Inquiry report are incurably tainted by illegality and arbitrariness apart from being violative of the principles of natural justice.
(Para 67,68, 71)
B. Punjab Co-operative Societies Act, 1961 (25 of 1961), Section 54 -- Destruction of record – Burden of proof -- Inquiry Officer merely noted that the ledger sheets were missing and held that ‘there was no evidence to rebut that ledger sheets missing have not been stolen/ destroyed/concealed by the Charged Official’ -- Inquiry Officer thereupon opined that the allegation that these documents were destroyed or stolen by the petitioner stood proved – Burden of proving the charges was shifted upon the petitioner in reverse – Held, it was for the Bank to substantiate and prove that the petitioner had stolen the ledger sheets of his own accounts from the two Branches and not for the petitioner to rebut such a presumption, as postulated by the Inquiry Officer -- Dismissal order and Inquiry report are incurably tainted by illegality and arbitrariness apart from being violative of the principles of natural justice.
(Para 69, 71)
C. Punjab Co-operative Societies Act, 1961 (25 of 1961), Section 54 -- Ex-parte inquiry – Cross-examination of witnesses – Right of -- Non-cooperation attributed to the petitioner to justify his exclusion from the inquiry is wholly insufficient as the Inquiry Officer himself recorded that even thereafter, he invited the petitioner to participate in the proceedings -- However, there is no indication of the Inquiry Officer putting the petitioner on notice – Petitioner ought not to have been deprived of an opportunity to at least cross-examine the witnesses, two of whom were the authors of the final reports, even if he had been set ex parte, which, in fact, he was not -- He was however denied such opportunity -- Thus, the inquiry proceedings stand vitiated on this ground.
(Para 70, 71)