Tripura High Court Restores Employee’s Opportunity to Cross-Examine Witnesses in Disciplinary Inquiry
Agartala, September 11, 2026: The Tripura High Court has restored an employee’s opportunity to cross-examine witnesses in a disciplinary inquiry, holding that the right to cross-examine arises after the concerned witnesses have completed their examination-in-chief. The Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit passed the order on September 9, 2026, while hearing a writ appeal filed by Anindita Bhoumik.
Background of the case
The proceedings arose out of disciplinary action against Bhoumik, an employee of the Society for Tripura Medical College and Dr. B.R. Ambedkar Memorial Teaching Hospital. During the disciplinary proceedings, she had sought certain documents from the Inquiry Committee on December 13, 2023. Her request was rejected on December 14, 2023.
The respondents’ witnesses were thereafter examined on December 16, 2023, when Bhoumik was not present. She had sought an adjournment, while also challenging the December 14 order of the Inquiry Committee before the High Court. She subsequently filed the writ petition on December 21, 2023, and notice was issued to the respondents on December 22.
The Inquiry Committee subsequently passed an order on December 26, 2023, taking the view that Bhoumik had avoided participating in the disciplinary proceedings. She was thereafter dismissed from service on January 29, 2024, on the basis of the inquiry report.
Single Bench had earlier intervened
The Single Bench had earlier found the December 26 order to be unreasonable, arbitrary and contrary to the principles of natural justice. It consequently set aside the said order, the dismissal order and the appellate authority’s order dated July 12, 2024, which had confirmed the dismissal.
The Single Bench remitted the matter to the disciplinary Inquiry Committee and directed that Bhoumik be given an opportunity to adduce evidence before a fresh and reasoned decision was taken.
Division Bench restores opportunity of cross-examination
The Division Bench, however, found that the Single Bench was not correct in denying Bhoumik an opportunity to cross-examine the respondents’ witnesses on the ground that she had already been granted sufficient opportunities during the disciplinary proceedings.
The Division Bench specifically held that the earlier adjournments sought by Bhoumik could not be treated as a waiver of her right to cross-examine the witnesses. According to the Court, the relevant right arose only after the witnesses had entered the witness box and completed their examination-in-chief.
This distinction is significant in disciplinary proceedings because an opportunity to participate in an inquiry cannot necessarily be equated with an opportunity to cross-examine a witness. The Court’s order focuses on whether the employee had actually received the opportunity to exercise the right at the stage when that right became available.
High Court directs witnesses to be produced again
As part of the relief granted, the High Court directed the respondents to produce the witnesses before the Inquiry Committee on October 5, 2026. Bhoumik is to be permitted to cross-examine them on that date and on subsequent dates, if necessary.
After completion of the cross-examination, Bhoumik is to be given a fresh opportunity to lead her evidence. The respondents will thereafter have an opportunity to cross-examine the witnesses produced by her.
The Inquiry Committee has been directed to hear both sides and pass a fresh and reasoned order after following the prescribed procedure. The entire exercise has been directed to be completed within three months from the date on which the Inquiry Committee receives the High Court’s order.
Significance of the ruling
The order reiterates the importance of natural justice and procedural fairness in disciplinary proceedings. The High Court’s reasoning makes it clear that an employee’s earlier requests for adjournment cannot, by themselves, be used to conclude that the employee has waived the right to cross-examine witnesses when the opportunity for such cross-examination had not yet arisen.
The ruling is particularly relevant to disciplinary inquiries because the opportunity to test the evidence of witnesses through cross-examination may be central to an employee’s defence. The High Court has therefore directed that the inquiry against Bhoumik proceed afresh after providing the procedural safeguards identified in its order.
Case Details
Case: Anindita Bhoumik v. The Society for Tripura Medical College & Dr. B.R. Ambedkar Memorial Teaching Hospital & Ors.
Case No.: W.A. No. 18 of 2026
Case ID: TRHC010002412026
Court: High Court of Tripura, Agartala
Bench: Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit
Order: September 9, 2026.
