Denial of reasonable opportunity to defend, including non-payment of Travelling Allowance for attending the enquiry at a different location, violates the principles of natural justice.

1. The petitioner, who was working as a Grade II Warder at the Central Prison, Puzhal filed O.A.No.8492 of 2000, seeking to set aside the order dated 07.11.2000 passed by the first respondent. By the impugned order, the petitioner was imposed with the penalty of reduction in basic scale of pay for a period of three years with cumulative effect. Though in the impugned order, it was indicated that he was entitled to prefer a statutory appeal, the petitioner moved the Tribunal by waiving the appellate remedy.

2. The Tribunal ordered notice of motion on 23.11.2000. On notice from the Tribunal, the first respondent had filed a reply affidavit dated 06.01.2001. The second respondent has filed a counter affidavit dated 31.05.2004. The petitioner also filed an additional typed set containing enquiry report which led to the ultimate imposition of penalty.

3. In view of the abolition of the Tribunal, the matter stood transferred to this Court and was re-numbered as W.P.No.39796 of 2006.

4. The facts leading to the imposition of the penalty were as follows:-

The petitioner was appointed as Grade II Warder with effect from 24.10.1983. After his appointment, he served in various sub-jails and Central Jails. While he was working as Grade II Warder at Sub Jail, Vedasandur from 26.07.1993 to 09.06.1998, he was drafted to work at the Central Prison, Madurai on the basis of deputation as the Central Prison required additional security. During 1997, While he was on deputation, he had absented himself for roll call duties on 05.10.1997 and 08.10.1997. A charge memo under Rule 17(a) of the Tamil Nadu Civil Service (D & A) Rules was issued to him on 21.10.1997. The petitioner submitted his explanation on 20.07.1997 and again, he submitted a petition dated 27.11.1997 addressed to the Inspector General of Prisons. He also submitted the advance copy of the petition to the Inspector General of Prisons. The Inspector General of prisons instructed the respondents to initiate action against the petitioner under Rule 17(b) of the TNCS (D & A) Rules. In his explanation, he furnished false complaints against his superiors. Therefore, charges under Rule 17(b) were framed.

5. The charges levelled against the petitioner were:

i) The petitioner directly submitted a petition to the I.G. of Prisons

ii) He made false complaints against the prison administration regarding seizure of Kanja and intoxication tablets which were hidden into the chappals of the prisoners.

iii) While he was in the prison on 02.10.1997, an unknown person has been permitted kanja inside the prison after getting Rs.500/-.

iv) On 01.10.1997 when he sounded the alarm whistle, the the superintendent was forced to come to prison with Gun man and on the allegation that 22 Warders were working as orderlies in Jail Officer's house.

v) He also failed to come for roll call duty on 05.10.1997, 9.10.1997 and 15.10.1997.

6. The Additional Superintendent of Prison was appointed as Enquiry Officer. An oral enquiry was held on 16.10.1999. During the enquiry, the petitioner had requested to enquire five persons as defence witnesses. One witness by name S.Nallathambi who gave a statement did not substantiate his statement as no records were produced. When the enquiry was in progress, the petitioner was transferred to Central Prison, Puzhal during January 2000. He was asked to attend the oral enquiries on various dates. But the petitioner did not attend the enquiry on the plea that no Travelling Allowance was paid to attend the enquiry at Madurai.

7. It was stated that if he was really interested to complete the enquiry, he should have attended the enquiries on the notified dates on spending his own money. The Enquiry Officer in the absence of the petitioner completed the enquiry and communicated the result to the disciplinary authority. The disciplinary authority after obtaining representation from the petitioner passed the final order of penalty dated 07.11.2000, which is impugned in the writ petitio