POST OFFICE REGULATIONS – 2024 -1

186. Enquiry is a must under the principles of natural justice
According to Kerala High Court discipline in establishment is to be preserved at all cost like “apple of an eye.” If any employee commits misconduct, meaning an act or omission which goes against the smooth functioning of the establishment he requires to be punished. But before any punishment for misconduct is awarded, observance of principles of natural justice in the form of enquiry is a must.

187. Principle of natural justice is to prevent to miscarriage of justice
The main aim of observance of these principles of natural justice in disciplinary proceedings or domestic enquiries is to secure justice or to put it negatively to prevent miscarriage of justice. It is to give fair and impartial touch to the disciplinary proceedings. 
                
188. Domestic enquiry is a quasi judicial proceedings
The Supreme Court in the case of Firestone Tyre and Re-treading company Vs Workmen ( 1967 (II) LLJ 715 SC ) held – “ a domestic enquiry is a quasi-judicial proceeding and as such one of its essential requirement is that the rules of natural justice have to be observed in holding it”  
             
189. Explanation about natural justice
The scope of rules of natural justice has been explained by the Supreme Court in Union of India Vs V.R. Varma (AIR LC 57 SC 882 ) as below – “ stating it broadly and without intending  it to be exhaustive, it may be observed that the rules of natural justice requires that a party should have the opportunity of adducing all relevant evidence on which he relied, that the evidence of the opponent should be taken in his presence and that he should be given the opportunity of cross examining the witnesses examined by the party and that no materials should be relied on against him without his being given an opportunity of explaining them”   
               
190. Violation of natural justice warrants denovo enquiry
The Delhi High Court (1992 (II) LLJ 579) had opined that – “if for example, principle of natural justice have been violated then it is open to the disciplinary authority to come to the conclusion that a DENOVO enquiry should be held”