Facts
The applicant, a retired General Manager (Projects) of HUDCO, challenged, among other matters, the interlocutory orders dated 19 December 2025 and 10 July 2026 passed by the Inquiring Authority in a departmental inquiry initiated in 2012.
Source reference: para. 2Two prosecution witnesses had been examined, but the applicant had not yet been given an opportunity to cross-examine them.
Source reference: para. 3The applicant had also submitted a list of 31 defence witnesses, while the respondents contended that most were irrelevant to the inquiry.
Source reference: paras. 5–6The departmental inquiry had remained pending for a considerable period.
Source reference: para. 9Issues
Whether the applicant was entitled to an opportunity to cross-examine the two prosecution witnesses already examined in the departmental inquiry.
Source reference: para. 3Whether the relevance of the applicant’s proposed defence witnesses should be determined by the Inquiring Authority.
Source reference: paras. 5–6Whether the applicant was entitled to be generally questioned after completion of the defence evidence in accordance with the applicable rules.
Source reference: para. 7Whether directions were necessary for expeditious completion of the departmental inquiry, which had been pending since 2012.
Source reference: para. 9Law Applied
The Tribunal applied the principles of procedural fairness and natural justice governing departmental inquiries, including the right of a delinquent employee to cross-examine prosecution witnesses and to present relevant defence evidence.
Source reference: paras. 3–7It accepted the parties’ agreed position that the Inquiring Authority would determine the relevance of the proposed defence witnesses and that the applicant would thereafter be generally questioned in accordance with the applicable service rules.
Source reference: paras. 6–7The Tribunal further applied the principle that a long-pending disciplinary inquiry should be brought to its logical conclusion expeditiously and without unnecessary adjournments.
Source reference: para. 9Reasoning
The respondents undertook, on instructions, to provide the applicant an opportunity to cross-examine the two prosecution witnesses, thereby addressing the principal procedural grievance.
Source reference: para. 4As to the 31 defence witnesses, the Tribunal considered it appropriate for the Inquiring Authority, rather than the Tribunal at that stage, to assess their relevance; the parties agreed that this determination would be final.
Source reference: para. 6The Tribunal also recorded the respondents’ undertaking that the applicant would be generally questioned after the defence evidence in accordance with the applicable rules.
Source reference: para. 7Since these agreed measures addressed the grievances raised in the O.A., no surviving issue required adjudication on merits.
Source reference: para. 8However, considering that the inquiry had been pending since 2012, the Tribunal imposed a four-month period for its completion.
Source reference: para. 9Holding
The Tribunal disposed of the O.A. in terms of the parties’ agreed undertakings.
The applicant was to be afforded an opportunity to cross-examine the two prosecution witnesses; the Inquiring Authority was to decide the relevance of the proposed defence witnesses; and the applicant was to be generally questioned after completion of the defence evidence in accordance with the applicable rules.
Source reference: paras. 4, 6–7The departmental inquiry was directed to be concluded within four months from receipt of a copy of the order, with neither party permitted to seek unnecessary adjournments.
Source reference: para. 9No order as to costs was made.
Source reference: para. 10Original Court PDF
Surendra SinghaivsHOUSING AND URBAN DEVELOPMENT CORPORATION (HUDCO)
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