K.V. Raghupathi vs The Registrar

The petitioner is before this Court assailing the orders dated 17.10.2017 and 8.11.2017 at Annexures-K and K1, respectively.

The petitioner is being proceeded against by the respondent. In the said proceedings, the witness on behalf of respondent, namely PW.2 was

examined. Since the petitioner despite being granted opportunity had not availed the same to cross-examine PW.2, the witness has been

discharged. In that view, the petitioner has sought for an opportunity to cross-examine PW.2, but the Enquiry Officer has rejected the request. It is

in that view, the petitioner is before this Court.

In a matter of the present nature, the need to consider the actual default committed is not necessary inasmuch as keeping in view the nature of

the enquiry, full opportunity is required to be provided in the case initiated against the petitioner. In that view, only for the purpose of complying the

principles of natural justice, the opportunity as sought is required to be granted. Hence, the orders impugned dated 17.10.2017 and 8.11.2017 at

Annexures-K and K1 respectively are quashed. The Enquiry Officer is directed to recall PW.2 and permit the petitioner to cross-examine the

witness. It is made clear that the cross-examination shall be availed and completed within the time frame fixed by the Enquiry Officer and if the

opportunity granted is not availed by the petitioner, the indulgence shown would be forfeited and the petitioner shall not make any further grievance

in that regard. In terms of the above, the petition is stands disposed of.