Held, Neither copy of Inquiry Report made available to Respondent nor was it disclosed in the show cause notice as to on what premise finding of guilt was recorded by Inquiry Officer while order of dismissal came to be passed against him - Appellants also failed to serve any notice of admission or denial of documents on the Respondent during trial as contemplated under Order XII Rule 2 of the Code of Civil Procedure - Respondent denied opportunity of hearing - Trial Court have committed no error in coming to the conclusion that Respondent denied opportunity of hearing and thus the whole proceedings stand vitiated by non-adherence to the principles of natural justice - Thus, all subsequent actions taken thereto, would automatically fail - Respondent got retired in the year 2000, after having attained age of superannuation, no re-instatement but monetary benefit suffice compensation to him - Appeal dismissed
Evidence- Evidentiary value of documents filed by Appellants and marked as Exhibits - Validity of - Whether in absence of any oral evidence having been tendered by the Appellants, and especially in absence of putting their own defence to the Respondent during his cross examination in the Court, what is the effect of documents filed by Appellants and marked as Exhibits?
Held, mere admission of document in evidence does not amount to its proof - Mere marking of exhibit on a document does not dispense with its proof, which is required to be done in accordance with law - Thus contents, of the document cannot be proved by merely filing in a Court - In the present case, it was the duty of the Appellants to have proved documents Exh. A-1 to Exh. A-10 in accordance with law, which they have failed to do - Even if it is assumed that said documents have been admitted by Respondent and were then exhibited and marked, no advantage thereof could be accrued to the Appellants - Filing of the Inquiry Report or the evidence adduced during the domestic enquiry would not partake the character of admissible evidence in a court of law - Appeal dismissed
