The right to a personal hearing is not guaranteed under Rule 14(4) of the CCS Rules; compliance with natural justice can be achieved through a detailed response to the show cause notice.

ANANDA SEN, J.

By way of filing this writ petition, the petitioner has sought for following reliefs:-

i. “For direction upon the respondents to grant opportunity to be heard in person before the Disciplinary Authority.

ii. For direction upon the respondents to supply documents, information and clarification as per representation dated 02.08.2024 (Annexure-10).

iii. For direction upon the respondents to grant time of 15 days, to the petitioner for filing reply/ representation before the disciplinary authority, from the date of service of documents and information as per aforementioned prayer.

iv. To restrain the respondents from further proceeding in the matter of disciplinary proceeding against the petitioner during the pendency of the present writ petition.”

2. Heard learned counsel representing the petitioner and learned ASGI representing the respondent – Union of India.

3. The parties agreed for disposal of this writ petition at this stage itself on merits of the case.

4. Learned counsel representing the petitioner argues that the petitioner was not given the opportunity of personal hearing however, he had already sought for the same. By not giving the opportunity of personal hearing, the respondents have violated Rule 14 (4) of The Central Civil Services (Classification, Control and Appeal) Rules, 1965 . He further submits that several important documents were not handed over to him, thus, he is prejudiced and could not defend his case properly. On these grounds, he made the prayer which has been mentioned above.

5. Learned ASGI, representing the respondent – Union of India, submits that the petitioner has no right to be heard in person. He can only express his desire but the same will depend upon the facts and circumstances of each case. He further submits that all the documents which were necessary to proceed in the matter has been handed over to the petitioner and the petitioner participated in the departmental proceeding and now the case is at the stage of filing a reply to the second show cause notice, which the petitioner has not filed till date.

6. It is not necessary to deal with the facts of this case and decide the same as it may prejudice either of the parties.

7. For the purpose of deciding the issue in question, it is necessary to state that the petitioner was charge sheeted on 09.03.2023 alleging some misconduct.

The Hindi translated copy of the charge-sheet was handed over to him on 20.04.2023.

The petitioner filed his written statement on 20.04.2023.

He also requested for personal hearing.

8. The personal hearing was sought for in terms of Rule 14(4) of The Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as the “the CCS Rules, 1965”). It is necessary to quote Section 14 (4) of the CCS Rules, 1965, which reads as hereunder:-

“14. Procedure for imposing major penalties.-

(1) ……………

(2) ……………

(3) ……………

(4) The disciplinary authority shall deliver or cause to be delivered to the Government Servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the Government Servant to submit, within such time as may be specified, a written statement of his defence and state whether he desires to be heard in person.”

9. From perusal of Rule 14 (4) of the CCS Rules, 1965, I find that no vested right has been created by this Rule to give personal hearing to the petitioner. The petitioner has to merely state as to whether he desires to be heard in person or not. It is the desire of the petitioner which has to be conveyed. This does not mean that in each and every case, a delinquent employee must be given an opportunity of personal hearing. What needs to be seen is that the principle of natural justice has to be followed. The principle of natural justice can be complied with by asking the petitioner to file a detailed reply to the show cause