Heard learned counsel for the appellant. None appears to oppose this appeal on behalf of the respondents even in the revised call.
This is an appeal against the order dated 04.10.2002 whereby a learned Single Judge dismissed the writ petition filed by the petitioner on the ground that copy of the enquiry report, which was made available before the punishment imposed upon him, was not served. The learned Single Judge after considering the material evidence on record proceeded to hold that a copy of the enquiry report was made available.
The petitioner-appellant herein in paragraph 12 of the writ petition had clearly set out that the report was not made available though it was mandatory that a punishment be imposed only after giving an opportunity to the party.
A counter affidavit was filed by the respondents. In so far as paragraph 12 of the writ petition is concerned, the same was replied in paragraph 14 of the counter affidavit, which reads as under:
"That with regard to the contends of paragraph 12 of the writ petition it is stated that there is no provision in Railway Protection Force Rules, 1987 to issue notice to the party while removing him from his service after the charge levelled against him has been proved against him during the course of the departmental enquiry."
It is thus clear that a copy of the enquiry report was not made available to the appellant before the punishment was imposed.
The law is now well settled in the case of Union of India and another Vs. Tulsi Ram Patel and others reported in (1985) 3 SCC 398 that a copy of the enquiry report must be available to the delinquent employee before the punishment is imposed. The law has further been established in the case of Managing Director ECIL Hyderabad and others Vs. B. Karunakar and others reported in (1993) 4 SCC 727 that if the defect in the enquiry is due to non supply of report, the matter must be restored to the stage from where it is found to be defective.
In the light of the aforesaid decisions of the Apex Court, the impugned order of the learned Single Judge and the order of the appellate authority as also the disciplinary authority are set aside.
The matter is restored back to the file of the dismissing authority to proceed in accordance with law from the stage where the copy of the enquiry report must be made available.
The appeal is allowed accordingly.
(A.P. Sahi, J.) (F.I. Rebello, C.J.) Order Date :- 27.10.2010 Akv