Case Note & Summary
The petitioner, Shamsundar Yashwant More, a retired employee of the Maharashtra State Electricity Board (MSEB), challenged the order of dismissal passed by the disciplinary authority (respondent No.4) dated 28-04-1997, which was confirmed by the first appellate authority on 15-06-1999 and by the second appellate authority on 20-06-2000. The petitioner was issued a chargesheet on 23-05-1989, to which he replied pleading innocence. An inquiry officer was appointed who conducted an inquiry and submitted a report holding that the charges were not proved. The disciplinary authority disagreed with the inquiry officer's report and issued a show cause notice on 24-04-1997 proposing to impose a penalty. The petitioner replied to the show cause notice, but the disciplinary authority passed the order of dismissal without supplying a copy of the inquiry report. The petitioner filed a writ petition under Article 226 of the Constitution of India. The court considered the submissions of the petitioner's counsel, Mr. Sanjeev J. Rairkar, who argued that the failure to supply the inquiry report violated principles of natural justice. The respondents' counsel, Smt. A.R.S. Baxi, argued that the inquiry report was not required to be supplied as the disciplinary authority had disagreed with it. The court held that the disciplinary authority's failure to supply the inquiry report and the show cause notice proposing disagreement amounted to a violation of natural justice. The court quashed the impugned orders and directed the respondents to reinstate the petitioner with continuity of service and full back wages, but clarified that the respondents could proceed afresh from the stage of supplying the inquiry report if they so desired.
Headnote
A) Service Law - Disciplinary Proceedings - Supply of Inquiry Report - Natural Justice - The disciplinary authority imposed penalty of dismissal on the petitioner without supplying a copy of the inquiry report, which exonerated the petitioner, and without giving an opportunity to show cause against the proposed penalty - Held that failure to supply the inquiry report and the show cause notice proposing disagreement amounts to violation of principles of natural justice (Paras 1-5).
B) Service Law - Disciplinary Proceedings - Disagreement with Inquiry Officer - Opportunity of Hearing - When the disciplinary authority disagrees with the inquiry officer's findings, it must supply the inquiry report and give the employee an opportunity to show cause against the proposed punishment - Held that the impugned orders are unsustainable and quashed (Paras 4-5).
Issue of Consideration
Whether the disciplinary authority can impose a penalty of dismissal without supplying a copy of the inquiry report to the delinquent employee, especially when the inquiry officer exonerated the employee and the disciplinary authority disagreed with the findings.
Final Decision
The court allowed the writ petition, quashed the impugned orders of dismissal dated 28-04-1997, 15-06-1999, and 20-06-2000, and directed the respondents to reinstate the petitioner with continuity of service and full back wages. However, the court clarified that the respondents may proceed afresh from the stage of supplying the inquiry report if they so desired.
Law Points
- Natural Justice
- Disciplinary Proceedings
- Supply of Inquiry Report
- Right of Hearing
- Article 226 Constitution of India
Case Details
2010 LawText (BOM) (07) 48
Writ Petition No.5447 of 2002
Mr.Sanjeev J. Rairkar (for petitioner), Mr.A.B.Vagyani (AGP for respondent No.1), Smt.A.R.S. Baxi (for respondent Nos.2 to 5)
Shri Shamsundar Yashwant More
The State of Maharashtra, The Chairman, M.S.E.B., Technical Member (T&D), M.S.E.B., The Chief Engineer and Competent Authority, M.S.E.B., Controller of Vehicle, M.S.E.B.
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the order of dismissal passed by the disciplinary authority and confirmed by appellate authorities.
Remedy Sought
Petitioner sought quashing of the dismissal order and reinstatement with continuity of service and back wages.
Filing Reason
Petitioner was dismissed from service without being supplied a copy of the inquiry report which exonerated him, violating principles of natural justice.
Previous Decisions
Disciplinary authority dismissed petitioner on 28-04-1997; first appellate authority confirmed on 15-06-1999; second appellate authority confirmed on 20-06-2000.
Issues
Whether the disciplinary authority can impose a penalty of dismissal without supplying a copy of the inquiry report to the delinquent employee?
Whether the failure to supply the inquiry report and the show cause notice proposing disagreement amounts to violation of natural justice?
Submissions/Arguments
Petitioner's counsel argued that the disciplinary authority did not supply the inquiry report before imposing the penalty, which is a violation of natural justice.
Respondents' counsel argued that the inquiry report was not required to be supplied as the disciplinary authority had disagreed with it.
Ratio Decidendi
The disciplinary authority's failure to supply a copy of the inquiry report to the delinquent employee before imposing a penalty, especially when the inquiry officer exonerated the employee, amounts to a violation of principles of natural justice. The employee must be given an opportunity to show cause against the proposed punishment, and the inquiry report must be supplied to enable an effective defense.
Judgment Excerpts
The disciplinary authority disagreed with the Inquiry Officer’s report and came to a conclusion that the charges are proved against the petitioner.
The disciplinary authority therefore, issued a show cause notice to the petitioner on 24041997.
The petitioner gave reply to the show cause notice, however, the disciplinary authority passed the order of dismissal without supplying a copy of the inquiry report.
In our view, the disciplinary authority ought to have supplied a copy of the inquiry report to the petitioner before imposing the penalty.
The impugned orders are quashed and set aside.
Procedural History
The petitioner was issued a chargesheet on 23-05-1989. An inquiry officer was appointed who submitted a report exonerating the petitioner. The disciplinary authority disagreed and issued a show cause notice on 24-04-1997. After receiving the petitioner's reply, the disciplinary authority passed the dismissal order on 28-04-1997. The petitioner filed an appeal before the first appellate authority, which was dismissed on 15-06-1999. A second appeal was dismissed on 20-06-2000. The petitioner then filed the present writ petition under Article 226 of the Constitution of India.
Acts & Sections
- Constitution of India: Article 226
