9911796707
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Issues:
1. Violation of principles of natural justice in not furnishing a copy of the Inquiry Officer's Report before dismissal. 2. Failure of the Inquiry Officer to conduct a proper inquiry by recording witness statements. 3. Allegations of non-cooperation and procrastination by the first respondent during the inquiry process. 4. Interpretation of Regulation 68 of the Cooperative Federal Authority (Business) Regulations, 1976. 5. Delay in disciplinary proceedings and the seriousness of the charges against the first respondent. Analysis: 1. The judgment pertains to an appeal against a High Court decision allowing a writ petition filed by the first respondent, who was dismissed from service due to alleged irregularities and misappropriation. The High Court based its decision on the failure to provide a copy of the Inquiry Officer's Report before dismissal, citing a violation of natural justice principles. The Supreme Court set aside the High Court's judgment and remitted the matter for reconsideration, emphasizing the need to address all grounds raised by the first respondent. 2. The Supreme Court highlighted the failure of the Inquiry Officer to conduct a proper inquiry by not recording witness statements, even though the first respondent did not cooperate during the investigation. The Court noted that the High Court's decision was solely based on this procedural lapse, without considering the overall non-cooperation and procrastination exhibited by the first respondent throughout the disciplinary process. 3. The appellant argued that the first respondent consistently displayed non-cooperation and procrastination, failing to respond to charges, file explanations, or participate in the inquiry process. Despite multiple opportunities given to the first respondent, he did not engage with the proceedings, leading the authorities to conclude that the charges against him were proven. The appellant contended that the High Court's decision was untenable, considering the first respondent's lack of cooperation. 4. The interpretation of Regulation 68 of the Cooperative Federal Authority (Business) Regulations, 1976 was a crucial aspect of the case. The appellant argued that the regulation did not mandate the recording of witness statements if the respondent did not provide a reply or explanation to the charges. The first respondent's counsel, however, contended that the lack of cooperation was due to the authorities' refusal to grant access to relevant documents, challenging the charge of non-cooperation. 5. Addressing the delay in the disciplinary proceedings, the Supreme Court acknowledged the seriousness of the charges against the first respondent and refused to dismiss the case solely based on the elapsed time. The Court emphasized that the appellant could not be solely blamed for the delay and directed the High Court to reconsider the writ petition, taking into account all aspects of the case and ensuring expeditious resolution due to the prolonged nature of the proceedings.
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