9911796707
TMI Blog1996 (7) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Cooperative Societies under the Government of Tamil Nadu. He was suspended pending enquiry into certain grave charges which are set out in the memo of charges dated November 1987. There are two charges and in support of each charges supporting material and particular 5 are elaborately set out. The respondent did not furnish a reply to the memo of charges. By an application dated September 23 1988, he asked for perusal of certain records and files which according to him were quite essential for the purpose of preparing the statement of defence by him. He seems to have addressed certain further representations to the same effect. On September 26, 1989, the Registrar of Co-operative Societies (who had served the memo of charges and to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the Rules. The Tribunal has allowed the O.n. on four grounds viz., (1) that the charges are vague; (2) that the appointment of enquiry officer was itself illegal inasmuch as the person appointed as enquiry officer was himself a witness against the respondent; (3) the failure to supply the documents asked for by the respondent amounts to violation of the principles of natural justice and: (4) the charges levelled against the respondent cannot be said to have been established on the material before the enquiry officer/disciplinary authority. After hearing the counsel for the parties we find that grounds 1,2 and 4 are unsustainable in law and on facts of the case. We need not deal with grounds 1 and 2 inasmuch as Shri Venkatramani, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Tribunal too has not gone into the question nor has it expressed any opinion whether the documents asked for were indeed relevant and whether their non-supply has prejudiced the respondent case. The test to be applied in this behalf has been set out by this Court in State Bank of Patiala v. S.K.Sharma [1996 (3) SCALE 202]. It was the duty of the respondent to point out how each and every document was relevant to the charges or to the enquiry being held against him and whether and how their non-supply has prejudiced his case. Equally it is the duty of the Tribunal to record a finding whether any relevant documents were not supplied and whether such non-supply has prejudiced the defendant's case. Since this has not been done the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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