Case Note & Summary
The case involved an appeal by a Deputy Superintendent of Police, who was dismissed from service following a departmental inquiry conducted by the U.P. Administrative Tribunal. The appellant sought to summon eight witnesses for his defence, but the Tribunal required him to deposit their expenses, which he could not afford. The appellant contended that the Government should bear these costs as per G.O. No. 4197 R/VIIIA-500(146)68, which clarified that the responsibility for paying travelling allowances to defence witnesses lies with the Government. The High Court dismissed his writ petition without consideration. The Supreme Court found that the Tribunal's requirement for the appellant to deposit expenses violated principles of natural justice, as it could lead to prejudice against him. The court quashed the Tribunal's findings and the Government's order of dismissal, remitting the matter for fresh disposal while ensuring the appellant's right to summon witnesses at Government expense. The court also awarded costs and directed payment of subsistence allowances during the proceedings.
Headnote
A) Administrative Law - Natural Justice - Compliance in Departmental Inquiry - Violation of Natural Justice - Travelling Allowances Rules, 1984, Rule 20A(1) - The Tribunal's insistence on the appellant depositing expenses for witnesses violated natural justice principles as the Government is responsible for such payments. The court held that the failure to summon witnesses at Government expense could have prejudiced the appellant's case (Paras 250H-251C).
Issue of Consideration
Whether the requirement for the appellant to deposit expenses for material defence witnesses violated principles of natural justice.
Final Decision
The Supreme Court allowed the appeal, quashed the Tribunal's findings and the Government's dismissal order, and remitted the matter for fresh disposal while ensuring the appellant's right to summon witnesses at Government expense. The court awarded costs of Rs. 2,000 and directed payment of subsistence allowances until the proceedings concluded.
Law Points
- Natural justice
- departmental inquiry
- witness expenses
- Travelling Allowances Rules
- Government responsibility
