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Hearsay evidence can be used in departmental proceedings: HC upholds professor, clerk’s dismissal
Justice Bhadang said that strict rules of evidence do not apply to a departmental inquiry and there is no bar even on acting on hearsay evidence in a given case, if it is found to be reliable and acceptable.
The Bombay high court (HC) on Tuesday said that there is no bar on using “reliable and acceptable” hearsay as evidence in departmental proceedings against erring employees while upholding the dismissal of a professor and a library clerk of a Dombivli-based college.
The professor and the clerk had moved the HC after the University and College Tribunal at Mumbai, on January 27, 2016, upheld their dismissal from service in July 2013. They were sacked after the inquiry officer found them guilty of insubordination, dereliction of duty, etc.
The petitioners contended that they were victimised for seeking redressal of grievances of their colleagues, which irked the management and their dismissal was an act of vengeance by the college authorities.
They had also challenged the departmental action against them and the order of University and College Tribunal on various grounds.
Justice CV Bhadang, however, found no substance in the petitioners’ challenge. He said that there was no serious challenge to the findings of fact recorded by the inquiry officer.
The judge also rejected the petitioners’ arguments that a report prepared by a private detective, employed by the husband of the library clerk, could not have been used as evidence against the two in the department proceeding.
Besides the report was nothing but hearsay, as the private detective, who wrote the report, was not examined as a witness against them, the judge said.
Justice Bhadang said that strict rules of evidence do not apply to a departmental inquiry and there is no bar even on acting on hearsay evidence in a given case, if it is found to be reliable and acceptable.