The failure to furnish an enquiry report to an employee before the imposition of a penalty and the enquiry officer assuming the dual role of judge and prosecutor are violations of natural justice that vitiate the disciplinary process.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. B. Chakraborty, learned counsel for the petitioner. Also heard Mr. B.J. Talukdar, learned Sr. counsel assisted by Mr. P.K. Medhi, learned counsel for the respondents.

2. The petitioner by way of instituting the present writ petition has presented a challenge to an order dated 16-10-2014, issued by the Disciplinary Authority, imposing upon the petitioner a penalty of withholding of 03 (three) annual increments with cumulative effect, on conclusion of a Departmental Proceeding instituted against the petitioner.

3. The petitioner while working as a Sub-Inspector, Basistha Police Station, was placed under suspension pending drawl of the Departmental Proceeding against him. Thereafter, the Superintendent of Police, Kokrajhar, as Disciplinary Authority, proceeded to issue a show-cause notice dated 01-07-2013, to the petitioner, instituting a Departmental Proceeding against him. The allegations levelled against the petitioner in the show-cause notice was to the effect that he was found to have been remained unauthorisedly absent, w.e.f. 27-01-2013 till 06-02-2013. It was further alleged that the petitioner was detailed to undergo Advance Course on Investigation and Detention of Crime, to be held on CDTS, Kolkata w.e.f. 16-04-2012 to 27-04-2013, however, the petitioner had not attended the said training by submitting a prayer petition for deferring his participation in the said training by 01 (one) day on account of unavoidable family issue. The further allegation against the petitioner was that he being detailed for pilot duty with the former Prime Minister of Bhutan on 02-06-2013 at 07:00 am from the district border Champa Bridge to Srirampur, the petitioner was found to have remained unauthorisedly absent from his duty. The petitioner on receipt of the said show-cause notice, submitted his show-cause reply, thereto, on 06-07-2013 and denied the allegations levelled against him. The reply submitted by the petitioner not being found to be satisfactory, the Disciplinary Authority vide order dated 15-07-2013, proceeded to direct for holding of an enquiry into the charges framed against the petitioner and for the purpose appointed an Enquiry Officer. The Enquiry Officer, thereafter, conducted an enquiry and on conclusion of the same submitted his enquiry report. The Disciplinary Authority, basing on the enquiry report submitted by the Enquiry Officer, without furnishing a copy, thereof, to the petitioner, proceeded vide order dated 16-10-2014 to impose a penalty of withholding of 03 (three) annual increments with cumulative effect upon the petitioner. The petitioner being aggrieved, submitted an appeal before the Appellate Authority through the Disciplinary Authority on 21-09-2015. However, the same was rejected vide a communication dated 29-09-2015 issued by the Disciplinary Authority by holding that the period of limitation to prefer an appeal before the higher authority, i.e. the Inspector General of Police (IGP), BTAD, Kokrajhar, was over.

Being aggrieved, the petitioner has instituted the present writ petition.

4. Mr. Chakraborty, learned counsel for the petitioner after reiterating the facts noticed, hereinabove, has submitted that the Disciplinary Authority while directing for conduct of an enquiry in the matter against the petitioner had proceeded vide order dated 15-07-2013, to appoint as Enquir