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Arguments by the parties are not an essential factor in a domestic enquiry.

Appreciation of evidence in a domestic enquiry. Strict law of evidence is not applicable in a domestic enquiry, but some legal evidence is necessary to establish the charge. There are, however, certain basic principles of evidence which no Tribunal can ignore and one of them is the evidence of doubtful nature, e.g. unsigned statement of a person who has not been produced before the Tribunal recorded at the back of an accused person by an Investigating Officer who is also the prosecutor, should not be accepted. The findings of the Tribunal being based on such inadmissible evidence cannot be sustained. The domestic-Tribunals are not bound by the technical rules of evidence contained in the Evidence Act, but it has nowhere been laid down that even substantive rules which would form part of natural justice, also can be ignored by the domestic Tribunals. The principle that a fact sought to be proved must be supported by statements made in the presence of the person against whom enquiry is held and the statements made behind the back of the person charged are not to be treated as evidence is one of the basic principle, which cannot be ignored on the mere ground that domestic Tribunals are not bound by the technical rules of procedure contained in the Evidence Act. 3.4 On the strength of the above, learned counsel submitted that the Enquiry Officer as well as the Respondents named herein RAVI 2025.09.18 KANOJIA 11:58:05+05'30' Item No.23/C-2 15 OA No.52/2023 above clearly did not follow and observe the aforementioned GOLDEN RULE. Thus, the DE cannot be held to be fair in any manner whatsoever and, therefore, the same is liable to be quashed and set aside as well as the orders passed consequent thereto are also liable to be quashed and set aside. REPLY OF THE RESPONDENTS