WRIT - A No. 15771 of 2024 at Allahabad

1 Neutral Citation No. - 2025:AHC:96131 Court No. - 43 Reserved A.F.R. Case :- WRIT - A No. - 15771 of 2024 Petitioner :- Dr. Trihuti Kumar Respondent :- State of U.P. and others Counsel for Petitioner :- Rajendra Rai Counsel for Respondent :- Avneesh Tripathi,C.S.C.,M.N. Singh Hon'ble J.J. Munir,J. 1. Heard Mr. Rajendra Rai, learned Counsel for the petitioner, Mr. Avneesh Tripathi, learned Counsel appearing for respondent No. 5 and the learned Standing Counsel appearing on behalf of respondents Nos.1 to 4. 2. It has been repeatedly emphasized by the Supreme Court and this Court, not in one judgment but successive authorities, that the law for a salutary principle is that in departmental inquiries, involving the imposition of a major penalty, it is essential for the establishment to examine witnesses and prove the charge, even if the delinquent does not appear or defend himself. If he does, he has the right to cross-examine witnesses for the establishment. The delinquent may produce evidence in his defence or not, but that does not absolve the establishment of their liability to produce not only documentary evidence, but witnesses to establish by the standard of preponderant probab