Case Note & Summary
The petitioner, an Assistant Executive Engineer in the Karnataka Housing Board, was subjected to a disciplinary inquiry by the Karnataka Lokayukta on a charge of misconduct. The Additional Registrar of Enquiries submitted an enquiry report dated 26.10.2016, and the Upalokayukta made a recommendation dated 04.11.2016. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution seeking quashing of these documents. The core grievance was that the documents relied upon by the inquiry officer were not supplied to the petitioner despite his request, thereby violating the principles of natural justice. The High Court, after hearing the petitioner's counsel, found merit in the contention. The court observed that the failure to furnish the documents relied upon in the inquiry constituted a clear breach of natural justice. Consequently, the court allowed the writ petition, quashing the enquiry report and the recommendation. The court directed that the matter be remitted to the Lokayukta for fresh inquiry after providing the petitioner with all relevant documents and a reasonable opportunity of hearing.
Headnote
A) Administrative Law - Natural Justice - Disciplinary Inquiry - Non-Supply of Documents - Karnataka Lokayukta Act, 1984 - Petitioner challenged enquiry report and recommendation on ground that documents relied upon were not furnished to him despite request - Court held that failure to supply adverse documents vitiates the inquiry as it violates principles of natural justice - Held that the enquiry report and recommendation are quashed (Paras 1-3).
Issue of Consideration
Whether the enquiry report and recommendation of the Lokayukta are liable to be quashed for violation of principles of natural justice on account of non-supply of documents relied upon in the inquiry.
Final Decision
Writ petition allowed. Enquiry report dated 26.10.2016 (Annexure-P) and recommendation dated 04.11.2016 (Annexure-Q) are quashed. Matter remitted to Lokayukta for fresh inquiry after providing petitioner with all relevant documents and reasonable opportunity of hearing.
Law Points
- Natural Justice
- Right to Fair Hearing
- Disciplinary Inquiry
- Non-Supply of Documents
- Karnataka Lokayukta Act
- 1984
