The importance of adhering to the prescribed procedure for imposing major penalties, conducting a proper inquiry, and providing reasons for findings as per the relevant regulations.

Govind Mathur, J.-On behalf of the respondents caveat is entered to oppose admission of the writ petition and any interim order in favour of the petitioner. A reply to the writ petition and rejoinder to that has been filed, as such pleadings of the case are complete, therefore, with consent of the parties the petition is heard for final disposal at admission stage.

2. By order dated 012.2005 the Managing Director, Uttari Rajasthan Sahkari Dugdh Utpadak Sangh Ltd., Bikaner while exercising powers under Regulation 12 of the Rajasthan Co-operative Dairy Federation Employees (Disciplinary Action & Appeals) Regulations, 1980 (hereinafter referred to as the Regulations of 1980") imposed a penalty of dismissal upon the petitioner. Challenge to the aforesaid is given by this petition for writ. While doing so it is contended by the petitioner that the respondents did not adhere the procedure prescribed under Regulation 12 of the Regulations of 1980, while holding the inquiry against the petitioner and imposing the penalty of dismissal. It is also urged that neither the order impugned nor the report of the inquiry officer bear reasons to hold the petitioner guilty, as such the violation of the principles of natural justice is apparent.

3. In reply to the writ petition respondents came forward with a stand that ample opportunity was given to the petitioner but he failed to avail the same. According to respondents the petitioner did not

choose to produce any evidence in his defence and, therefore, the inquiry officer rightly held the petitioner guilty for misconduct and the disciplinary authority after considering the inquiry report and also to explanation submitted by the petitioner rightly imposed a penalty of dismissal.

4. Heard Counsel for the parties.

5. The respondents are required to hold an inquiry for imposing a major penalty upon an employee in accordance with the Regulations of 1980. Regulation 12 of the Regulations of 1980 provides a procedure for awarding major penalties. Clause (2) of Regulation 12 of the Regulations of 1980, that deals with the procedure for imposition of major penalties, reads as under:-

"12(2) Procedure for imposition of major penalties:-

.(a) Aperson against whom action is proposed to be taken for a major penalty, shall be provided with a copy of the charge or charges as well as a statement of allegations that have been made against him and about which enquiry is proposed to be held. Such copy of charge-sheet and allegations shall be sent under postal certificate to the employees permanent address available and recorded with the Federation and such an issue of charge-sheet under postal certificate shall be conclusive proof of service of the charge-sheet and statement of allegations on him and no plea of non receipt against this shall be admitted.

.(b) The person charged shall be required within a period of 15 days of the receipt of the charge-sheet by him to put in his written statement of the defence giving a complete list of documents and defence witnesses. If no such statement is furnished by the person charged within the period prescribed time and unless extended, it shall be presumed that the person charge-sheeted admits his guilt and the competent authority is within its right to pass final ex-parte orders against him in the enquiry.

.(c) If after furnishing the written statement the person charged desires to see the relevant documents such of the documents as are being taken into consideration or are to be relied upon for the purpose of supporting the charge or charges may at the discretion of the Enquiry Officer be shown to him.

.(d) Theperson charged shall also produce all the relevant documents required by him in his defence together with a list of his defence witnesses if any alongwith his written statement so that enquiry may not be delayed unnecessarily. However, the Enquiry Officer may admit evidence of relevant documents if any even at a later stage of the enquiry by either side bef