Case Note & Summary
The petitioner, an Assistant Engineer in the PMGSY Sub-Division, Kalaburagi, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 09.11.2011 passed by the 2nd respondent under Regulation 14-A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957. The petitioner contended that the impugned order imposing a penalty was passed without furnishing him a copy of the inquiry report, thereby violating principles of natural justice. The respondents argued that the inquiry was conducted properly and the penalty was justified. The court, after hearing arguments, found that the non-supply of the inquiry report was a clear violation of natural justice. Relying on settled law, the court held that the delinquent employee is entitled to receive the inquiry report before the disciplinary authority imposes any penalty. Consequently, the impugned order was quashed and the matter was remitted back to the disciplinary authority to provide the inquiry report to the petitioner and pass a fresh order after giving him an opportunity of hearing. The court directed that the entire exercise be completed within three months from the date of receipt of the order.
Headnote
A) Service Law - Disciplinary Proceedings - Natural Justice - Non-Supply of Inquiry Report - Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, Regulation 14-A - Petitioner challenged penalty order on ground that inquiry report was not furnished to him before imposing penalty - Court held that failure to supply inquiry report amounts to violation of principles of natural justice and vitiates the penalty order - Impugned order quashed (Paras 1-3).
Issue of Consideration
Whether the impugned order imposing penalty on the petitioner is vitiated for non-supply of the inquiry report and violation of principles of natural justice.
Final Decision
The writ petition is allowed. The impugned order dated 09.11.2011 is quashed. The matter is remitted back to the disciplinary authority to provide the inquiry report to the petitioner and pass a fresh order after giving him an opportunity of hearing, within three months from the date of receipt of the order.
Law Points
- Natural justice
- right to receive inquiry report
- disciplinary proceedings
- penalty order
- Karnataka Civil Services (Classification
- Control and Appeal) Rules
- 1957
- Regulation 14-A
