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ZIYAD RAHMAN A. A.
VINU THOMAS, S/O. CHACKO N. THOMAS – Appellant
Versus
STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION – Respondent
JUDGMENT :
(ZIYAD RAHMAN A.A., J.)
The petitioner is at present working as the Dean (Academic) of APJ Abdul Kalam Technological University, Thiruvananthapuram. The grievance of the petitioner is relating to the disciplinary proceedings now initiated against the petitioner as per Ext.P12 and P13 by the 2nd respondent, in respect of certain irregularities allegedly committed by the petitioner, while he was acting as the Principal of the Model Engineering College, Thrikkakara.
2. The aforesaid proceedings are initiated on the basis of an internal audit report and the relevant details of the same are specified in Ext.P12. Ext.P13 is the Memo of Charges issued to the petitioner and he is asked to submit the reply to the same. As per Ext.P14, the petitioner requested the copy of the internal audit report relied on by the 2nd respondent, to enable the petitioner to submit a reply to the memo of charges and the statement of allegations as evidenced by Ext.P13. However the same was rejected as per Ext.P15, mainly on the reason that the petitioner does not have an absolute right to be issued with a copy of the said report and his right is confined to have a perusal of the same. The time limit
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.
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.
The judgment underscores the necessity of procedural fairness in disciplinary actions against public officials.
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....
The right to a fair hearing, including access to the inquiry report, is a fundamental aspect of natural justice in administrative proceedings, and failure to provide this constitutes a breach of due ....
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