181. Executive instructions cannot be issued in derogation of the statutory regulations.
P. Sadagopalan & ors V Food Corporation of India Zonal Officer (South Zone) 1997(4) SCC 301 decided on 20 03 1997)
182. Supply of illegible copies will amount to denial of reasonable opportunity
In a case where the Govt. Servant sought the permission to bring his stenographer for taking relevant extract and the permission was denied by the Disciplinary Authority, the Supreme Court held that it amounted to denial of reasonable opportunity to defend. The Court has held that supply of illegible copies will amount to denial of reasonable opportunity.
[Kasinath Dikshita V UOI AIR 1986 SC 2118 in the case of Bhupinder Singh V UOI (1987) 2 SCC 234]
183. No right to be associated with the preliminary inquiry
Though it might be necessary in such inquiries to get the explanation of Government servant also, he has no right to be associated with the preliminary inquiry either under the rules or the principles of natural justice.
[Ram Singh v. State of Punjab, 67 FLR 763.]
184. Non-supply of copy of preliminary report vitiates the inquiry
It was held that in judicial and quasi judicial inquiry, any material that is used against the accused to his prejudice has to be brought to his notice so that he may have his own say in that regard. Therefore, when the preliminary inquiry report was the basis of the regular departmental inquiry non-supply of copy of such report vitiates the inquiry for violation of the principles of natural justice.
[D.C. Aggrwal v. S.B.I., 1991 Lab IC 1618 (P. & H. High Court).]
185. Refusal to permit inspection of report resulted is in violation of the rules of natural justice.
when the Investigating Officer himself appeared as a witness during inquiry to explain certain points the refusal to permit inspection of the report resulted in violation of the rules of natural justice.
(Director, P.&T. v. N.G. Majumdar, 1974 Lab IC 1484 (Cal. H.C.).]
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