Case Note & Summary
The petitioner, Deepa Sharma, was employed as a Ward Sahayika at Command Hospital, Air Force, Bangalore. She was subjected to disciplinary proceedings and was removed from service by an order dated 09.02.2016 passed by the disciplinary authority. Aggrieved, she filed an application before the Central Administrative Tribunal (CAT), Bangalore Bench, which was dismissed. The petitioner then approached the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging the CAT order. The High Court examined the records and found that the inquiry report was not furnished to the petitioner before the imposition of the penalty. The court held that non-supply of the inquiry report and denial of reasonable opportunity to show cause violated the principles of natural justice. Consequently, the High Court set aside the order of the Tribunal and the removal order, directing the respondents to reinstate the petitioner with continuity of service and consequential benefits, but without back wages. The court also granted liberty to the respondents to proceed afresh from the stage of supply of the inquiry report, if they so desired.
Headnote
A) Service Law - Disciplinary Proceedings - Natural Justice - Supply of Inquiry Report - Non-supply of inquiry report to the delinquent employee before imposing penalty vitiates the disciplinary proceedings - Held that the principles of natural justice require that the employee be given a copy of the inquiry report to enable effective representation against the proposed punishment (Paras 6-8). B) Service Law - Disciplinary Proceedings - Reasonable Opportunity - Denial of reasonable opportunity to show cause against the proposed penalty amounts to violation of principles of natural justice - Held that the disciplinary authority must provide the employee with an opportunity to respond to the findings before imposing a major penalty (Paras 6-8).
Issue of Consideration
Whether the order of removal from service passed against the petitioner was vitiated due to violation of principles of natural justice, specifically non-supply of the inquiry report and denial of reasonable opportunity to show cause.
Final Decision
The High Court allowed the writ petition, set aside the order of the Tribunal dated 09.02.2016 in O.A.No.1076/2014 and the order of removal from service. The respondents were directed to reinstate the petitioner with continuity of service and consequential benefits, but without back wages. Liberty was granted to the respondents to proceed afresh from the stage of supply of the inquiry report, if they so desired.
Law Points
- Natural Justice
- Right to be heard
- Supply of inquiry report
- Reasonable opportunity
- Disciplinary proceedings
- Article 226
- Article 227
