Natural justice requires that a party has the right to access documents that substantiate charges in disciplinary proceedings; however, proper procedures must also enable the disciplinary authority to maintain order and discipline.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. Ashis Dasgupta, learned senior counsel, assisted by Ms. Basabi Das, learned counsel, appearing on behalf of the petitioner. Also heard Mr. K. K. Parasar, learned CGC, appearing on behalf of the respondents.

2. The challenge in the present proceeding is to an order, dated 14-10- 2010, passed by the Deputy Inspector General, Central Industrial Security Force, Oil and Natural Gas Commission Ltd., Nazira, imposing the penalty of compulsory retirement from service with full pensionary benefits upon the petitioner, herein.

3. The facts, in brief, requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:

The petitioner, herein, was appointed as a constable in the Central Industrial Security Force in the year 1992. On 26-04-2009, when the petitioner was detailed for quarter guard duty, one Shri K. C. Kalita, a constable with the Intelligence Bureau of Central Industrial Security Force, had come to him making some queries. The discussion between the petitioner and the said constable Shri K. C. Kalita, led to an altercation and it is contended by the petitioner that the altercation was ultimately pacified at the instance of other personnel deployed at the place. However, said Shri Kalita proceeded to lodge a complaint with the higher authorities of the Force to the effect that the petitioner had assaulted him.

Basing on the allegation now levelled against the petitioner, he was, vide an order, dated 27-04-2009, placed under suspension. Thereafter, a preliminary enquiry was conducted in the matter and basing on the materials coming on record, therein; the disciplinary authority being satisfied that a misconduct was committed in the matter by the petitioner, herein, a memorandum of charge came to be issued to the petitioner on 11-05-2009, levelling against him therein, an allegation of having assaulted said Shri Kalita without provocation on 26-04-2009. The petitioner was charged with having committed serious misconduct, indiscipline and an act unbecoming of a good member of the armed Force like the Central Industrial Security Force.

The petitioner submitted his written statement against the said memorandum of charge, dated 11-05-2009, denying the charge levelled against him. The written statement submitted by the petitioner, herein, not being found to be satisfactory; the disciplinary authority appointed an enquiry officer as well as a presenting officer to enquire into the charges levelled against the petitioner vide the said memorandum of charge. The enquiry officer conducted the departmental enquiry and on conclusion of the same, submitted his report on 06-10-2009, holding the charges levelled against the petitioner, as proved. The disciplinary authority, on perusal of the findings of the enquiry officer, concurred with the same and proceeded to forward a copy, thereof, to the petitioner giving him 15 days time to submit his representation. The petitioner received the said enquiry report on 10-10-2009 and submitted his representation against the same on 24- 10-2009. The disciplinary authority, thereafter, taking into consideration all the materials coming on record; proceeded to impose the penalty of removal from service, which shall not be a disqualification for future employment under the Government upon the petitioner, vide the order, dated 04-11-2009.

The petitioner, herein, being aggrieved by the said order, dated 04-11-2009, prefer