The delinquent employee has a right to receive a copy of the Inquiry Officer's report before the Disciplinary Authority arrives at its conclusion with regard to the guilt or innocence of the employee.

JUDGMENT :

SANJAY KUMAR MEDHI, J

Heard Shri P Kataki, learned counsel for the petitioner. Also heard Shri Rahul Dhar, learned Addl. Senior Government Advocate, Assam representing all the respondents.

2. The instant writ petition has been filed challenging a disciplinary proceeding which have culminated in an order of penalty dtd. 31/10/2014 by which the petitioner, who was serving as Constable in the Traffic Branch of Goalpara Police Station, was removed from service.

3. It is the further case of the petitioner that the statutory appeal preferred by him was also dismissed vide an order dt. 12/2/2015. The principal ground taken in the writ petition is non-furnishing of the copy of the Inquiry Report. The petitioner contends that though a second show cause notice dtd. 21/10/2014 was issued, the same did not contain the copy of the Inquiry Report for which the petitioner had suffered prejudice in making his response as well as defend himself.

4. Shri Kataki, learned counsel for the petitioner, in this connection, has drawn the attention of the communication dt. 30/10/2014 submitted by the petitioner in response to the second show cause notice. The said communication dtd. 30/10/2014 would reveal that on the first available opportunity itself, the petitioner had pointed out to the disciplinary authority that copy of the Inquiry Report, though mentioned in the second show cause notice dtd. 21/10/2014, was not enclosed thereto and therefore, the petitioner was not able to submit any effective reply.

5. On the other hand, Shri Dhar, learned Addl. Senior Govt. Advocate submits that the records would reveal that the petitioner himself received the second show cause notice 21/10/2014 by putting his signature on 25/10/2014 and the show cause notice itself had categorically stated regarding the enclosure being the copy of the findings of the Inquiry Officer.

6. Though the aforesaid question would be a disputed question of fact, the same would not detain this Court to adjudicate the present case which is altogether on a different ground.

7. A bare perusal of the second show cause notice dtd. 21/10/2014 would disclose that even before the second show cause notice was issued to the petitioner, the Disciplinary Authority had already come to a conclusion of accepting the findings of the Inquiry Officer. The show cause notice dtd. 21/10/2014 further discloses that opportunity was given as to why major penalty should not be imposed on him.

8. The requirement of furnishing a copy of the Inquiry Report to a delinquent has been held to be a mandatory requirement by the Hon'ble Supreme Court in a number of cases, including in the case of Union of India Vs. Mohd. Ramzan Khan, reported in (1991) 1 SCC 588. Subsequently, a Constitution Bench of the Hon'ble Supreme Court in the case of Manager Director, ECIL, Hyder-abad and Ors. Vs. B. Karunakar and Ors., reported in (1993) 4 SCC 727 while reiterating the requirement laid down in the case of Mohd. Ramzan Khan (supra) has held that the delinquent employee has a right to receive a copy of the Inquiry Officer's report before the Disciplinary Authority arrives at its conclusion with regard to the guilt or innocence of the employee with regard to the charges levelled against him. The said right has been held to be a part of the employee's right to defend himself against the charges levelled and a denial of the report of the Inquiry Officer before the Disciplinary Authority takes its decision on the charges, is denial of reasonable opportunity to the employee to prove his innocence. It has further been held that such denial would amount to violation of the principles of nature justice. For ready reference, paragraph 29 of the case of Manager Director, ECIL, Hyderabad (supra) is extracted hereinbelow:

"29. Hence it has to be held that when the Inquiry Officer is not the disciplinary authority, the delinquent employee has right to receive a copy of the inquiry Officer's report before the disciplinary authority a