2011 (1) TMI 1346 - SC - Indian Laws

Whether the respondent had claimed that he was denied reasonable opportunity of hearing at the enquiry and the same has caused serious prejudice to his defense? Whether the Disciplinary Authority has not relied on any recommendations of the CVC and the respondent has failed to plead or prove any prejudice having been caused, the disciplinary proceedings can not be said to be vitiated?

Issues Involved:
1. Non-supply of documents and witnesses requested by the respondent.
2. Alleged breach of rules of natural justice.
3. Non-supply of the Central Vigilance Commission (CVC) report.
4. Procedural impropriety under Rule 50 of the Service Rules.
5. Prejudice caused to the respondent due to the alleged procedural lapses.

Detailed Analysis:

1. Non-supply of Documents and Witnesses Requested by the Respondent:
The respondent claimed that the documents and witnesses listed in his letter dated 3rd April 1982 were not requisitioned by the Enquiry Officer, causing serious prejudice to his defense. However, it was noted that the respondent failed to submit the list of documents and witnesses within the stipulated time and did not raise any objections during the enquiry. The Appellate Authority and the Review Committee both observed that the respondent did not press for the production of the documents during the enquiry, and the list was submitted too late to take action. The Supreme Court concluded that the respondent's failure to comply with procedural requirements and his belated grievance did not justify setting aside the entire disciplinary proceedings.

2. Alleged Breach of Rules of Natural Justice:
The Division Bench of the High Court held that there was a breach of rules of natural justice, which vitiated the entire disciplinary proceedings. However, the Supreme Court found that the respondent did not raise the issue of non-supply of documents during the enquiry or in his written defense arguments. The Supreme Court emphasized that the respondent must plead and prove the prejudice caused by the non-supply of documents, which he failed to do.

3. Non-supply of the Central Vigilance Commission (CVC) Report:
The respondent argued that the non-supply of the CVC report violated the principles of natural justice. The learned Single Judge found that the recommendations of the CVC were not considered by the authorities while making the impugned decisions. The Supreme Court agreed, noting that there was no material on record to show that the authorities relied on the CVC's recommendations. The judgment in D.C. Aggarwal's case, which dealt with non-supply of CVC recommendations, was distinguished as it did not apply to the facts of this case.

4. Procedural Impropriety under Rule 50 of the Service Rules:
The respondent contended that there was a breach of Rule 50 sub-clause xi of the Service Rules, which mandates the supply of documents and witnesses requested by the employee. The Supreme Court observed that the respondent did not comply with the procedural requirements of submitting the list of documents and witnesses within the stipulated time and stating their relevance. The Court held that mere breach of Rule 50(11) does not automatically render the enquiry null and void unless prejudice is proven.

5. Prejudice Caused to the Respondent Due to the Alleged Procedural Lapses:
The Supreme Court reiterated that the respondent must prove the prejudice caused by the non-supply of documents or procedural lapses. The respondent failed to demonstrate how the non-supply of documents or witnesses affected his defense. The Court emphasized that procedural violations do not automatically vitiate disciplinary proceedings unless they result in prejudice and miscarriage of justice.

Conclusion:
The Supreme Court allowed the appeal, set aside the judgment of the Division Bench, and restored the judgment of the learned Single Judge. The Court held that the respondent failed to prove any prejudice caused by the alleged procedural lapses, and the disciplinary proceedings were not vitiated.

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