Lal Narayan Sharma vs The State of Bihar and Others

By an order passed by the Director Employment and Training, Bihar, Patna, respondent no. 2, dated 26.5.1992, contained in Annexure-1, the petitioner has been dismissed from service. We need not discuss the facts of the case in detail for the reason that the impugned order itself is to be quashed on the sole ground that the petitioner was never supplied the enquiry report on the basis of which the impugned order was passed. On the sole ground itself we propose to quash the punishment and now in view of the settled principle enunciated in a case of Union of India & Ors. v. Md. Ramzan Khan (A.I.R. 1991 S.C., 471).

A copy of such a report was to be supplied to the delinquent officer in a quasi judicial matter, if the delinquent is being deprived of knowledge of the material against him though the same is made available to the punishing authority in the matter of reaching his conclusion, rules of natural justice would be affected. The supply of a copy of the enquiry report along with recommendations, if any, in the matter of proposed punishment to be inflicted would be within the rules of natural justice and the delinquent, therefore, be entitled to supply a copy thereof. On the basis of this conclusion this application is allowed and the disciplinary action, as contained in Annexure-1, is set aside, There will be no order as to costs. The matter is remitted back to the disciplinary authority for reviewing the proceeding and continuing the same in accordance with law from the stage of supply of the enquiry report.