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Judgment
Sunil Gaur, J
Impugned order of 10th January, 2018 (Annexure P-1) rejects petitioner’s Representation of 29th November, 2017 (Annexure P-2) wherein
specific plea taken is that the documents as referred to in paragraph No.2 of the Representation do not form part of the charge sheet and are not
included in the list of documents.
Impugned order notes that though these documents have not been mentioned in Annexure III of the charge sheet, but it is clearly stated in the said
Annexure that “any other document(s) considered necessary during the course of departmental inquiry proceedings†can be duly presented by the
prosecution.
The inquiry against petitioner is in progress. What would be the evidentiary value of these documents and whether these documents are admissible
or not and as to whether they can be relied upon or not is not required to be considered by this Court in exercise of jurisdiction under Article 226/227
of the Constitution of India. These aspects have to be considered by the Inquiry Officer at the conclusion of the inquiry.
In view of the aforesaid, this petition and application are disposed of with liberty to petitioner to raise the pleas taken in this petition, before the
Inquiry Officer.
