Judgment

THAKKAR, J. :- This matter raises a question of mega-importance viz. whether failure to supply a copy of the Report of the Enquiry Officer to the delinquent before the Disciplinary Authority makes up his mind and records the finding of guilt as against him would constitute violation of Art. 311(2) of the Constitution of India and violation of principles of natural justice. This question appears to be res integra so far as this Court is concerned notwithstanding the contention of the learned counsel for the petitioner to the contrary. Counsel contends that the point is directly or at any rate by necessary implication covered in the petitioners favour. Reliance in this connection is placed on an order passed by a Bench comprising of three Honble Judges of this Court in C.A. No. 537 of 1988 and on an order passed by a Bench comprising of two Honble Judges of this Court in the Secy. Central Board of Excise and Customs v. K. S. Mahalingam (1986) 1 Scale 1308. The facts of both these matters reveal that the Enquiry Officers report was not made available to the delinquent before the Disciplinary Authority passed the final order recording the finding of guilt against him. But in th