1994 (10) TMI 307

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..... the charge sheet. At the earliest, he wanted inspection of the documents mentioned in the charge sheet. Admittedly, neither the documents had been supplied nor an opportunity of inspection had been given to the respondent. Instead, the enquiry officer in his letter dated 18.5.1981 had given the reply stating that since the respondent had already given the reply to the charge sheet item-wise, he was at liberty to inspect the documents at the time of final arguments on June 7, 1981. From time to time, the enquiry was postponed. Ultimately, the respondent did not participate in the enquiry. Consequently, the enquiry officer had submitted his report on 9.5.82. Based on that report, on 23.6.1982 the show cause notice as to why he should not be d .....

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..... lusion that the documents required by the respondent were 'not supplied nor is there any denial of opportunity to the respondent to examine his own witnesses. The respondent himself adopted dilatory tactics and he did not cooperate in the conduct of the enquiry. He did not ask the enquiry officer for an opportunity to examine the witness on his behalf The question of hearing him by the Committee did not arise inasmuch as there is no such provision in the bye-laws of the society or the rules. Therefore, there was no violation of principles of natural justice, on the facts of this case. We have heard the learned counsel for the respondent also. 5. On the facts and circumstances, we are of the view that at the earliest the respondent soug .....

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..... zed by the police after the murder of the Manager of the appellant-institution on 3 1.7.80 for investigation. In that case the respondent was also one of the accused charged for the offences under Section 302 read with Sec.120-B I.P.C. It is now an admitted fact that in Sessions Trial No.228/81 dated 31.7.86 he was convicted for the said offence and was sentenced to undergo imprisonment for life. It would appear that he filed an appeal in the High Court and bail was granted to him. 6.It is stated in the letter written by the enquiry officer that inspection of documents would be given at the time of final hearing. That obviously is an erroneous procedure followed by the enquiry officer. In the first instance he should be given the opportuni .....

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