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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Kasa Ram Dangi – Appellant
Versus
State – Respondent
ORDER :
REKHA BORANA, J.
1. None appears for the respondents despite the service being complete.
2. The present writ petition has been filed aggrieved of order dated 29.11.2014 (Annexure-14) whereby the disciplinary authority proceeded on to impose a punishment of removal from service against the petitioner in terms of Rule 16 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as ‘the CCA Rules’).
3. The facts are that memorandum of charges was served on the petitioner on 20.11.2007 and he was called upon to file his defence qua the said charges. The inquiry officer as appointed at the first stage retired without initiating the inquiry proceedings and subsequent inquiry officers continued to be appointed. Ultimately, it is only in the year 2014 that the fifth inquiry officer as appointed, when called upon to submit the inquiry report within a period of 15 days, submitted the same on 20.11.2014. After the submission of said inquiry report, personal hearing was provided to the petitioner by the Managing Director of the Bank on 28.11.2014 and 29.11.2014.
4. On 29.11.2014, the disciplinary authority i.e. the Managing Director proceeded
Failure to provide an inquiry report to a delinquent officer violates principles of natural justice, making disciplinary action invalid.
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....
Point of Law : Findings of the inquiry officer is vitiated prima facie for violation of fundamental principles.
Violation of principles of natural justice and failure to provide relevant documents in a disciplinary proceeding.
The non-supply of the enquiry report and lack of opportunity to respond to it constitutes a violation of natural justice, rendering the punishment order unsustainable.
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