A.I.R. 1958, Calcutta 470

A.I.R. 1958, Calcutta 470 It is true that so far as departmental proceedings are concerned, they are not governed by the Indian Evidence Act, in other words, the strict provisions laid down in the Indian Evidence Act are not applicable to departmental proceedings. Nevertheless, the proceedings are subject to rules of natural justice. The question, therefore, is as to what principle of natural justice is involved in such a case. The rules of natural justice are not codified and cannot be stated with exactitude. In departmental proceeding, it is unnecessary to import the strict procedure applicable to judicial trials. But where the departmental enquiry consists of the trial, which the punishing authority either by himself or through his delegate has a statutory duty to hear the delinquent or his witnesses, the procedure adopted is to a certain extent like a judicial trial and it is an open question as to whether such proceedings are purely administrative or are to be considered as quasi—judicial. Be that as it may, if the enquiring authority has the duty to come to a conclusion as to the guilt of the delinquent upon an evaluation or assessment of the evidence, then it is entirely necessary that he should be the person who should hear the evidence of the witnesses. It is impossible to evaluate the evidence of a witness taken on proxy because one of the salient features in such a proceeding is to observe the demeanor of the witness. As it has been said, even the devil doth not know the mind of man, and, therefore, to arrive at the truth, it is necessary not only to read the evidence but to see the demeanor of the person giving evidence, and where necessary to elicit answer to doubtful points. To any one conversant with such trials, it is but an elementary proposition that the demeanor of a witness is the most important element is assessing the value of his evidence. The evidence of a witness, which might sound all right on paper, may be rendered useless by observing his demeanor

1 THE ALL INDIA SERVICES (DISCIPLINE AND APPEAL) RULES, 1969 (dopt.gov.in)