TIT BITS ON DISCIPLINE -266
Observations on Report of Inquiry to receive earnest attention of the disciplinary authority.
1037. The disciplinary authority should also ensure that the points raised by the charged officer in his observations in the report of inquiry receive his due consideration. The fact that they have been given earnest consideration should reflect in the final speaking order.
Effect of non-furnishing of report of inquiry to the charged employee
1038. There may be a case where due to omission or any reason the report of inquiry is not furnished to the charged employee for obtaining his observations thereon.
1039. What shall be the effect thereof on order of punishment was considered by the Constitution Bench in Managing Director, ECIL v. B. Karunakar, AIR 1994 SC 1074, in paras 30 and 31 of the judgment. The Court observed - "When the employee is dismissed or removed from service and the enquiry is set aside because the report is not furnished to him, in some cases the non-furnishing of the report may have prejudiced him gravely while in other cases it may have made no difference to the ultimately punishment awarded to him...... Whether in fact, prejudice has been caused to the employee or not on account of the denial to him of the report, has to be considered on the facts and circumstances of each case." And proceeded to hold that where even after furnishing of the report of inquiry, no different consequences would have followed, it was not necessary to reopen the case.
1040. The above position will obtain even in a case where the rules provided for furnishing of report of inquiry but it was not, somehow, so furnished. The reason is, as held in Karunakar case, requirement of furnishing a copy of report of inquiry is based on (a) as ingredient of concept of 'reasonable opportunity' as enshrined in Article 311(2), and (b) Principles of Natural Justice. Therefore, a provision in rules cannot have an overriding effect [State of U.P. v. Harendra Arora, Civil Appeal No. 5241 of 1998 decided on 2.5.2001].
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