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ANIL K. NARENDRAN, P. G. AJITHKUMAR
Director, Institute of Human Resources Development – Appellant
Versus
Vinu Thomas, S/o. Chacko N. Thomas – Respondent
JUDGMENT :
Anil K. Narendran, J.
The appellants are respondents 2 and 4 in W.P.(C) No.33869 of 2024, which was one filed by the 1st respondent herein-writ petitioner, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P15 communication dated 20.09.2024, issued by the 2nd respondent-Director, Institute of Human Resources Development, whereby the request made by the petitioner in Ext.P14 representation dated 05.08.2024 for issuing a copy of the Audit Reports stands rejected, for the reasons stated therein. The petitioner has also sought for a writ of mandamus commanding the 2nd respondent to issue the relevant pages of the audit report (other than Ext.P12) relied upon while issuing Ext.P13 memo of charges and statement of allegations, to the petitioner; or in the alternative, to permit any Assistant Professor, Associate Professor, Professor or an employee under the 2nd respondent to take extracts of those audit objections, to offer the explanation of the petitioner to Ext.P13 memo of charges and statement of allegations, thereby enabling the petitioner to pursue his duties and responsibilities as Dean (
A government servant's right to access documents in disciplinary proceedings is limited to perusal or extracts, not copies, as per Rule 15 of the Kerala Civil Services Rules.
Access to evidence relied upon in disciplinary proceedings is essential to uphold the principles of natural justice, allowing the accused to prepare a proper defense.
An employee cannot successfully challenge disciplinary action due to non-supply of inquiry report unless they demonstrate actual prejudice, particularly when alternative remedies are available.
Non-supply of crucial documents during disciplinary proceedings violated principles of natural justice, justifying the quashing of disciplinary findings.
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