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SUPREME COURT OF INDIA
BEFORE K.N. SINGH AND P.B. SAWANT, JJ.
S.P. VISWANATHAN (I)
Versus
UNION OF INDIA AND OTHERS
Writ Petition No. 145 of 1989
Decided on 6-3-1991
Certiorari - Termination of Railway Employee - Failure to supply inquiry report - Prospective effect of Court decision
Fact of the Case:
The petitioner, a railway employee, was terminated for misconduct without being supplied with a copy of the inquiry report. The petitioner sought relief through a writ of certiorari under Article 32 of the Constitution.
Finding of the Court:
The court dismissed the petition, stating that the order of termination was not vitiated due to the failure to supply the inquiry report. The court also noted that the decision of the Supreme Court in Union of India v. Mohd. Ramzan Khan, which required the inquiry report to be supplied before passing the order of punishment, had prospective effect and would not affect orders passed prior to the date of the judgment.
Issues: Failure to supply inquiry report, Prospective effect of Court decision
Ratio Decidendi: The failure to supply the inquiry report did not vitiate the order of termination, and the decision of the Supreme Court requiring the inquiry report to be supplied had prospective effect.
Final Decision: The petition was dismissed, and no costs were awarded.
ORDER
1. By this petition under Article 32 of the Constitution the petitioner has claimed relief for issue of a writ of certiorari for quashing the order of termination dated December 6,1989.
2. The petitioner was a railway employee posted as Commercial Clerk. Charges of misconduct were framed against him and inquiry was held but he did not appear at the inquiry. Pursuant to the inquiry report the disciplinary authority terminated his services, Hence this petition.
3. Learned counsel for the petitioner urged that since a copy of the inquiry report was not supplied to the petitioner the order of termination is vitiated. He placed reliance on the decision of this Court in Union of India v. Mohd. Ramzan Khan. It is true that this Court has held that if inquiry report is not supplied to the delinquent employee before passing the order of punishment, the order would be rendered illegal. But the decision of this Court is given a prospective effect it will not affect the orders passed prior to the date of rendering of the judgment (November 29,1990) as would be clear from para 17 of the judgment.
4. As regards other questions raised in the petition we find no merit in the same. We, accordingly, dismiss the petition. There will be no order as to costs.
For Citation: 1991 Supp (2) SCC 269
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