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Date of Order : February 23, 2018
NARENDRA YADAV ..... Petitioner
Through: Mr.Barun Kumar Sinha and Ms.Pratibha
Sinha, Advocates
Through: Mr.Nikhil Mundeta, Advocate
JUDGMENT
1. 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.
2. 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.
3. The inquiry against petitioner is in progress. What would be the evidentiary value of these documents and whether these documents are 2018:DHC:1357 W.P.(C) No.1750/2018 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.
4. 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.
JUDGE FEBRUARY 23, 2018 mamta