The central legal point established in the judgment is the importance of providing the delinquent employee with an opportunity to submit further objections on the enquiry report before forming a final opinion for imposing a punishment.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling the records pertaining to the order in Memo No.465/15490/D6/TNSTC/2013 dated 24.06.2014 passed by the respondent and quash the same.)

1. The second show cause notice dated 24.06.2014 issued by the respondent is sought to be quashed in the present writ petition.

2. The petitioner is now working as a Driver in the respondent Corporation. Disciplinary proceedings were initiated against him with reference to certain serious allegations. The petitioner submitted his explanation denying the allegations and an enquiry was ordered to be conducted. The Enquiry Officer conducted the enquiry and the petitioner participated in the process of enquiry. After adjudication, the Enquiry Officer submitted his final report holding the charges as proved against the delinquent employee. Along with the enquiry report, the respondent issued the impugned second show cause notice in proceedings dated 24.06.2014, wherein the respondent had formed an opinion that the petitioner is liable to be terminated from service.

3. The learned counsel for the petitioner made a submission that the disciplinary authority has predetermined the issues and accepted the report unilaterally without providing an opportunity to the petitioner to submit his further objections on the enquiry report. Thus, the show cause notice is to be set aside.

4. This Court is of the considered opinion that the disciplinary authority is empowered to accept the enquiry report and its findings or to deviate the findings or otherwise. In all such circumstances, a show cause notice with reasons is to the issued to the delinquent employee along with a copy of the enquiry report. Only after receiving the objections, if any, between the period stipulated in the show cause notice, the authorities have to form a final opinion considering the objections submitted by the delinquent employee. Contrarily, without providing an opportunity to submit further objections on the enquiry report, the authority cannot form an opinion for the purpose of imposing a punishment.

5. In other words, the punishment of termination is a major penalty. In the event of such predetermination, the employee will be prejudiced in the matter of availing an opportunity to submit his further objections on the enquiry report. Thus, the competent authority has to issue a show cause notice enclosing a copy of the enquiry report, enabling the delinquent employee to submit his further objections. In the present case, the authority has formed a final opinion that why the petitioner should not be terminated from service.

6. This being the factum, the impugned show cause notice dated 24.06.2014 issued by the respondent is quashed and the matter is remitted back to the respondent for issuing a fresh show cause notice along with a copy of the enquiry report. The respondent is directed to issue the show cause notice enclosing a copy of the enquiry report to the writ petitioner, within a period of 4 weeks from the date of receipt of a copy of this order. Thereafter, the petitioner is at liberty to submit his further objections/ explanation along with the documents, if any, within a period of 2 weeks from the date of receipt of the show cause notice and on receipt of the objections, if any, the respondent is directed to consider the materials available on record and take a decision and pass final orders, as expeditiously as possible, preferably within a period of 12 weeks therefrom. After passing final orders, if the writ petitioner is further aggrieved, he is at liberty to approach the competent Labour Court for redressal of his grievances in the manner known to law, as the petitioner is a workman and the service conditions of the workman are governed under 12(3) Settlement of the Industrial Disputes Act.

7. With the above observations, the Writ Petition stands allowed. No costs. Consequently, connected miscellaneo