High Court of Karnataka Quashes Dismissal of Employee in Disciplinary Proceedings Due to 12-Year Delay and Denial of Documents. Dismissal Order Set Aside as Non-Supply of Inquiry Report and Documents Violated Principles of Natural Justice Under Article 226 of the Constitution of India.

Disciplinary proceedings leading to dismissal of employee challenged via writ petition under Article 226 of the Constitution of India.

Petitioner sought quashing of dismissal memos dated 13-04-2015 and 16-04-2015, and reinstatement with all consequential benefits including arrears of salary, increment, pay revision, and promotion.

Dismissal from service on 13-04-2015 after an inquiry vitiated by 12-year delay in issuing charge-sheet, non-supply of requested documents, ex-parte proceedings, and non-furnishing of inquiry report.

Whether the writ petition filed by the petitioner, who is admittedly a workman, is maintainable? Whether the delay in issuance of charge sheet has vitiated the inquiry? Whether non-supply of documents and the report of the Inquiry Officer vitiate the entire inquiry proceedings?

Petitioner argued that the charge-sheet issued after 12 years was arbitrary and without justification; the company was aware of the incident in 1998 when his statement was recorded; the Industrial Tribunal had already reinstated the prime delinquent with back wages; the petitioner was not supplied 29 documents essential for his defense; the inquiry officer placed him ex-parte despite participation; and the inquiry report was not furnished before dismissal, violating natural justice. Respondents contended that the writ petition was not maintainable as the petitioner was a workman and should have raised an industrial dispute under the Industrial Disputes Act, 1947; the delay was explained because the company became aware of his involvement only during proceedings against another employee in 2010; and non-supply of documents or report caused no prejudice requiring demonstration.

Unexplained and inordinate delay of 12 years in issuing charge-sheet, when the employer was aware of the incident from 1998, vitiates the disciplinary proceedings. Non-supply of relevant documents sought by the delinquent employee and failure to furnish the inquiry report before imposition of punishment violate principles of natural justice, causing prejudice to the defence. In such cases, the order of dismissal is unsustainable, and reinstatement with back wages is the appropriate relief. A writ petition under Article 226 is maintainable despite existence of an alternative remedy under the Industrial Disputes Act when natural justice is breached.

The illegality is galore in the case on hand in the conduct of disciplinary proceedings. The petitioner was not afforded a reasonable opportunity in the inquiry, his request for supply of documents was not considered by the Inquiry Officer which crippled the defence of the petitioner. That above all, the petitioner was not served with the report of the Inquiry Officer as no second show cause notice was ever issued to the petitioner. Non-furnishing of documents or report of the Inquiry Officer has not caused any prejudice to the petitioner and unless prejudice is demonstrated, it cannot be contended by the petitioner that the entire proceedings would stand vitiated. It is this action of the respondents/ Company in dismissing the petitioner, that is called in question in this writ petition.

Petitioner appointed as Wireless Operator in Mysore Paper Mills Limited. On 09-12-1998, his statement recorded in connection with misconduct of another employee, Srinivasa Murthy. After 12 years, on 17-12-2010, charge-sheet issued to petitioner for misconduct relating to issuance of gate-pass in 1998 incident. Petitioner sought 29 documents; request denied. Inquiry officer appointed; proceedings held ex-parte despite petitioner's participation. Inquiry report submitted finding guilt; no second show-cause notice issued. On 13-04-2015, Disciplinary Authority dismissed petitioner; on 16-04-2015, direction to vacate quarters issued. Petitioner filed appeal and then writ petition in High Court of Karnataka; interim stay granted on 12-05-2015. After hearing, writ petition allowed on 20-09-2021.

• Industrial Disputes Act, 1947: Section 10(4)(a)
• Constitution of India: Article 226
• Right to Information Act, 2005: