POST OFFICE REGULATIONS – 2024 -1

CCS Rules & Principles of Natural justice 

1.    Supply of copy of the Inquiry Report to the delinquent and scope of representation

A new dimension to the principles of natural justice has been added after the 42nd Amendment to our Constitution. Prior to the amendment of Art 311 (2) by the Constitution (42nd Amendment) Act 1976 a Government servant had two opportunities of representing his case;

(a) an opportunity of defending himself on merits;

(b) an opportunity to make a representation against the proposed punishment;

After the 42nd Amendment of Article 311 (2) even though the second opportunity has been abolished, the delinquent Government servant is entitled to a copy of the enquiry report and to make a representation where such report records a finding of guilt and proposes a punishment.

This aspect of principle of natural justice has been fortified in the historic case of Union of India v. Mohd. Ramzan Khan, AIR 1991 SC 47. In that case the Court drew a distinction between the disciplinary inquiry conducted by the disciplinary authority and by the enquiry officer. In the latter case principles of natural justice require that the report of the enquiry officer submitted to the disciplinary authority, on the basis of which that authority is going to take its decision about the delinquent servant, be made available to that servant and he should be given an opportunity to make a representation against any adverse remarks in it. In the former case however no report is prepared and therefore this rule does not apply.

The law laid down in Ramzan Khan case has been further clarified and strengthened in Managing Director, ECIL Hyderabad v. B. Karunakar, (1993) 4 SCC 727 where a Constitutional Bench of the Supreme Court held that reasonable opportunity demands that the disciplinary authority must supply a copy of the inquiry report to that delinquent civil servant for his observation and comments before the disciplinary authority considers the report. Laying down the above proposition as part of the general law of the land founded on the principles of natural justice, the Court also stated that they were not confined only to services strictly covered by Art. 311. They apply to all public or private employments. The Court however applied this decision prospectively.

2.    When the disciplinary authority disagrees with the findings of the Inquiry Officer Scope of representation to be given to the delinquent

Whenever the disciplinary authority disagrees with the inquiring authority on any articles of charge, it must record its tentative reasons for such disagreement and give to the delinquent officer an opportunity to represent before it records its findings. The principles of natural justice require the authority, which has to take a final decision and can impose a penalty, to give an opportunity to the officer charged of misconduct to file a representation before the disciplinary authority records its findings on the charges framed against the officer.

[Punjab National Bank v. Kunj Bihari Mishra & another, J.T. 1998 (5) SC 458; 1998 (4) SCALE 608.]