It was also urged that as he had filed an affidavit by way of defence statement and having not been cross-examined on behalf of the High Court, the averments made therein must be held to have been accepted by it and in that view of the matter the inquiry officer committed a serious error in holding him guilty of the charges levelled against him. (b) The Petitioner had used intemperate language while communicating with the High Court under his representation dated.(c) The Petitioner was in the habit of frequently leaving the Headquarters, thereby causing inconvenience to. 20. Similarly, submission of the appellant that the departmental proceeding being a judicial proceeding, the inquiry officer must be held to be a court and the provisions of the Evidence Act would be attracted, is equally meritless.
It is expected that a judicial officer would use such language which behoves a judicial officer. 17. Appellant did not question the validity of the said Rules before the High Court.
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