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Departmental Enquiry

President, Nagar Panchayat Umari v. Shyam Charan Chaturvedi

Service Law – Departmental Enquiry – Even if, an employee prefers not to participate in enquiry the department has to establish the charges against the employee by adducing oral as well as documentary evidence. In case charges warrant major punishment then the oral evidence by producing the witnesses is necessary. The question of any cross examination by the delinquent arises subsequent to the charges having been prima facie established in accordance with law. If the charges are not established in accordance with law, there is nothing for the delinquent to deny. AIR 2021 SC 4554