Hon'ble Yogendra Kumar Sangal,J.
The petitioner, who is facing disciplinary proceedings on account of alleged private practice, has approached this Court under Article 226 of the Constitution of India that he has been prevented to adduce evidence in defence keeping in view the reply submitted in response to the charge-sheet.
It has been admitted at bar that the identical writ petition has been allowed by judgment and order dated 11.6.2010, passed in writ petition No.804(S/B) of 2010, a copy of which has been annexed as Annexure No.3 to the writ petition. After considering a catena of judgments of Hon'ble Supreme Court, a Division Bench of this Court, of which one of us (Hon'ble Devi Prasad Singh, J) was a member, has allowed the writ petition at admission stage and quashed the order passed by the Enquiry Committee and directed to permit the petitioner to adduce evidence in defence and proceed in accordance with law. Operative portion of the judgment and order dated 11.6.2010 is reproduced as under :
"In view of above, the writ petition is allowed. A writ in the nature of certioriari is issued quashing the impugned order dated 7.6.2010, contained in Annexure No.1 to the writ petition with consequential benefits. The petitioner shall be permitted to lead evidence in defence and thereafter, the enquiry officer may proceed in accordance with law keeping in view the observation made hereinabove. The parties' counsel agree that the petitioner may appear before the enquiry committee along with the witnesses to be adduced in defence. As agreed, let the parties appear before the enquiry committee on 7.7.2010 to proceed with defence evidence.
The writ petition is allowed accordingly. No order as to costs.
Learned counsel appearing for the respondents shall communicate the order to the respondents."
In the present writ petition, similar question of law has been raised which has been admitted at bar by the learned counsel for the parties.
Accordingly, we allow the writ petition and set aside the impugned order dated 7.6.2010 in terms of the judgment and order dated 11.6.2010 with liberty to the petitioner to adduce evidence in defence. The parties shall appear before the enquiry officer on 7.7.2010 and the Enquiry Committee may proceed in accordance with law keeping in view observations, made in the judgment and order dated 11.6.2010, passed in writ petition No.804(S/B) of 2010.
Order Date :- 16.6.2010 kkb/