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TMI Blog1990 (11) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... itution Bench of this Court in Khem Chand v. Union of India, 1958 SCR 1080: (AIR 1958 SC 300). The learned Chief Justice traced the history of the growth of the service jurisprudence relating to security of the civil service in the country beginning from the Government of India Act of 1915 followed by S. 240 of the Government of India Act of 1935. This Court on that occasion also noticed the judgments of the Privy Council in the cases of R. Venkata Rao v. Secretary of State for India, (1937) 64 Ind App 55 : (AIR 1937 PC 31) High Commissioner for India v. 1. M. Lall (1948) 75 Ind App 225 : (AIR 1948 PC 121) and the judgment of the Federal Court in Secretary of State for India v. 1. H. Lall 1945 FCR 103 : (AIR 1945 FC 47), and summed up the meaning of 'reasonable opportunity' thus: The reasonable opportunity envisaged by the provision under consideration includes - (a) an opportunity to deny his guilt and establish his innocence, which he can only do if he is told what the charges levelled against him are and the allegations on which such charges are based; (b) an opportunity to defend himself by cross-examining the witnesses produced against him and by examining hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appreciates the evidence, records his conclusions and submits his report to the Government concerned. That is the first stage of the enquiry, and this stage can validly begin only after charge has been served on the delinquent public servant. After the report is received by the Government, the Government is entitled to consider the report and the evidence led against the delinquent public servant. The Government may agree with the report or may differ, either wholly or partially, from the conclusions recorded in the report. If the report makes findings in favour of the public servant, and the Government agrees with the said findings, nothing More remains to be done, and the public servant who may have been suspended is entitled to reinstatement and consequential reliefs. If the report makes findings in favour of the public servant and the Government disagrees with the said findings and holds that the charges framed against the public servant are prima facie proved, the Government should decide provisionally what punishment should be imposed on the public servant and proceed to issue a second notice against him in that behalf. If the enquiry officer makes findings, some of which are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther of the Centre or of the States have adopted a common pattern. In respect of major penalties, the procedure in the Rules (see Rule 14) seems to be that the disciplinary authority may himself hold the inquiry into the charges or he may appoint an Inquiry Officer who would conduct the inquiry and submit the proceedings of enquiry to the disciplinary authority for being finalised. When the disciplinary authority himself inquires into the charges there is no occasion for submission of an inquiry report. The entire evidence - oral and documentary - along with submissions, if any, are available to him to proceed to arrive at final conclusions in the inquiry. Where, however, the disciplinary authority delegates the inquiry to another, such Inquiry Officer may furnish a report on the basis of the evidence recorded by him and in some cases the Inquiry Officer even recommends the punishment to be imposed. In cases where the Inquiry Officer merely transmit the records of inquiry proceedings to the disciplinary authority there is indeed no distinction to be drawn between the inquiry conducted by the disciplinary authority himself or the inquiry officer. This is so on account of the fact th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment v. Sabir Hussain (1975) Suppl. SCR 354: (AIR 1975 SC 2045) where this Court held In view of these stark facts the High Court was right in holding that the plaintiff (respondent) was not given a reasonable opportunity to show cause against the action proposed to be taken against him and that the non-supply of the copies of the material documents had caused serious prejudice to him in making a proper representation. ( 6. ) THE question which has now to be answered is whether the Forty-Second Amendment has brought about any change in the position in the matter of supply of a copy of the report and the effect of non-supply thereof on the punishment imposed. We have already noticed the position that the Forty-Second Amendment has deleted the second stage of the inquiry which would commence with the service of a notice proposing one of the three punishments mentioned in Art. 311 (1) and the delinquent officer would represent against the same and on the basis of such representation and/or oral hearing granted the disciplinary authority decides about the punishment. Deletion of this part from the concept of reasonable opportunity in Art. 311(2), in our opinion, does not bring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strative procedure to be obeyed by authorities of all kinds. They have done this once again, by assuming that Parliament always intends powers to be exercised fairly. (Administrative Law) ( 7. ) THIS Court in Mazharul Islam Hashmi v. State of U.P. (1979) 4 SCC 537 : (AIR 1979 SC 1237) pointed out: Every person must know what he is to meet and he must have opportunity of meeting that case. The legislature, however, can exclude operation of these principles expressly or implicitly. But in the absence of any such exclusion, the principle of natural justice will have to be proved. Deletion of the second opportunity from the scheme of Art. 311(2) of the Constitution has nothing to do with providing of a copy of the report to the delinquent in the matter of making his representation. Even though the second stage of the inquiry in Art. 311(2) has been abolished by amendment, the delinquent is still entitled to represent against the conclusion of the inquiry Officer holding that the charges or some of the charges are established and holding the delinquent guilty of such charges. For doing away with the effect of the enquiry report or to meet the recommendations of the Inquiry Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conclusion the judgments in the different High Courts taking the contrary view must be taken to be no longer laying down good law. We have not been shown any decision of a coordinate or a larger Bench of this Court taking this view. Therefore, the conclusion to the contrary reached by any two-Judge Bench in this Court will also no longer be taken to be laying down good law, but this shall have prospective application and no punishment imposed shall be open to challenge on this ground. We make it clear that wherever there has been an Inquiry Officer and he has furnished a report to the disciplinary authority at the conclusion of the inquiry holding the delinquent guilty of all or any of the charges with proposal for any particular punishment or not, the delinquent is entitled to a copy of such report and will also be entitled to make a representation against it, if he so desires, and non-furnishing of the report would amount to violation of rules of natural justice and make the final order liable to challenge hereafter. ( 9. ) ON the basis of this conclusion, the appeals are allowed and the disciplinary action in every case is set aside. There shall be no order for costs. We w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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