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2025 Supreme(Online)(CAT) 7509
CENTRAL ADMINISTRATIVE TRIBUNAL
Justice Ranjit More, CJ, Mr. Rajinder Kashyap, J
Satya Gopal IAS(AGMUT:1988)(Retd) – Appellant
Versus
Union of India Through home Secretary Ministry of Home Affairs North Block, New Delhi – Respondent
O.A. No. 2473/2025
For the Appellants/Petitioners: Mr. Ravi Prakash, Sr Adv, Mr. Prashant Rana, Mr. Yasharth, Mr. Taha, Ms. Ashi, Ms. Isha
For the Respondents: Mr. R K Jain, Mr. Amit Yadav
The right to access relevant documents is essential for a fair defense in disciplinary proceedings, and denial of such access violates principles of natural justice.
Headnote:(A) All India Services (Discipline & Appeal) Rules, 1969 - Rules 8(5)(a), 8(5)(b), 8(6)(a) - Disciplinary proceedings - Applicant challenged the rejection of his request to access documents necessary for his defense against charges of misconduct - The court found that the applicant's right to access relevant documents for a fair defense was violated, leading to the quashing of the impugned order. (Paras 12-14)
(B) Natural Justice - The denial of access to documents relevant to the defense infringes on principles of natural justice, warranting the setting aside of the impugned order. (Paras 14)
Facts of the case:
The applicant, a retired IAS officer, faced disciplinary proceedings for alleged misconduct in approving government subsidies to private DISCOMs, contrary to departmental recommendations. He sought access to documents to prepare his defense, which was denied by the disciplinary authority.
Findings of Court:
The court ruled that the refusal to provide access to relevant documents was unjustified and violated the applicant's rights, thus quashing the disciplinary authority's order.
Issues: The main issues involved the applicant's right to access documents for his defense and the legality of the disciplinary authority's refusal.
Ratio Decidendi: The court determined that the applicant's right to access documents is essential for a fair defense and that the disciplinary authority has the discretion to drop charges based on the written statement of defense.
Result: Original Application allowed.
| Table of Content |
|---|
| 1. challenge to disciplinary action based on charge memorandum. (Para 2 , 3) |
| 2. applicant's request for documents to prepare defense. (Para 4 , 5) |
| 3. respondents' opposition to document access. (Para 6) |
| 4. disciplinary authority's powers and obligations under rules. (Para 8 , 9 , 10) |
| 5. right of access to documents for fair defense. (Para 11 , 12) |
| 6. natural justice and the need for document access. (Para 13 , 14) |
| 7. orders allowing access to documents and time for defense. (Para 15) |
ORDER (ORAL)
Per: Justice Ranjit More, Chairman
Considering the limited scope of the dispute and with the consent of the learned counsel for both parties, we propose to dispose of this Original Application (OA) finally.
2. The applicant challenges the letter dated 12.06.2025 issued by Respondent No. 1. Additionally, the applicant seeks consequential directions for Respondent No. 1 to provide the documents requested vide letter dated 02.06.2025, necessary for preparing the written statement of defence against the chargesheet dated 16.05.2025.
3. The relevant facts leading to this OA are as follows:
The applicant was served a memorandum of charge dated 16.05.2025 on 17.05.2025, containing a single Article of Charge, which reads as follows:
“Article-I
Shri Satya Gopal, IAS (AGMUT: 1988) (Retd.), while working as Addl. Chief Secretary (Power Department), Govt. of NCT of Delhi, circulated a cabinet note dated 17.05.2021 containing a proposal to release 50% of government subsidy for the 1st quarter of F.Y. 2021- 22 to two private sector DISCOMs, namely BSES Rajdhani Power Ltd. (BRPL) and BSES Yamuna Power Ltd. (BYPL), which was in contravention to the recommendations of the Finance Department, GNCTD and directions of the then Hon’ble Chief Min,ister of Delhi to release l 00% amount of government sub idy to Electricity Generation/Transmission Companies {viz. IPGCL, PPCL and DTL) of GNCTO for the 1st quarter of the F.Y. 2021-22. The aforesaid facility continued to be extended to the private DISCOMs in the subsequent quarters of F.Y. 2021- 22, thereby resulting in grant of undue benefit to the tune of Rs. 1149.04 Crores to these private companies during the financial year 2021- 22.
By the aforesaid act of grave misconduct, Shri Satya Gopal, IAS (AGMUT: 1988) (Retd.), the then Addl. Chief Secretary (Power Department), Govt. of NCT of Delhi, failed to maintain absolute integrity and devotion to duty, failed to take decisions solely in public interest, failed to ensure the efficient, effective, and economic utilization of public resources, misused his position as a civil servant to commit acts that are contrary to law, rules, regulations and established practices, failed to maintain discipline in the discharge of his duties and implement the lawful orders duly communicated to him, and also failed to discharge his duties with the highest degree of professionalism and dedication thereby acting in a manner which unbecoming of a Govt. servant, in violation of the provisions in Rule 3(1), 3(2B)(iv), 3(2B)(vii), 3(2B)(x), 3(2B)(xi), and 3(2B)(xiii) of the All India Services (Conduct) Rules, 1968.”
By letter dated 02.06.2025, the applicant requested Respondent No. 1 to permit inspection and provide certified copies of relevant files, 1 notings, correspondences, and documents to enable the preparation of a written statement of defence against the memorandum dated 16.05.2025. This request was rejected by the impugned order dated 12.06.2025, which is reproduced below:
“Sub: Initiation of Disciplinary Proceedings against Shri Satya Gopal, IAs(AGMUT: 1988)(Retd) regd.
Sir, I am directed to refer your letter dated 02.06.2025 on the subject mentioned above and to say that all the documents on the basis of which the charge Memorandum dated 15.05.2025 is framed, has already been provided to you along with the Memorandum under reference. Any additional document, if required, will be provided to you by the Inquiry Authority during the course of the inquiry proceedings under the
