H.P. STATE ELECTRICITY BOARD LTD. versus MARESH DAHIYA

Citation: [2016] 9 S.C.R. 879 · Decided: 18-11-2016 · Supreme Court of India · Bench: S.A. BOBDE · Disposal: Case Partly allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2016) 9 S.C.R. 879 
H.P. STATE ELECTRICITY BOARD LTD. 
v. 
MARESH DAHIYA 
(CivilAppealNo.10913 of2016) 
NOVEMBER 18, 2016 
[S. A. BOBDE AND ASHOK BHUSHAN, JJ.] 
Service Law: 
Misconduct - Charges of willful absence from official duty 
and disobedience of orders of superiors - Disciplinary action -
Respondent compulsorily retired from service - He filed writ petition 
- High Court set aside the order of compulsory retirement - On 
appeal, held: The delinquent employee has a right to receive a copy 
of the inquiry officer '.s report before the Disciplinary Authority 
arrives at its conclusions with regard to the guilt or innocence of 
the employee with regard to the charges levelled against him - That 
right is a part of employee '.s right to defend himself - On facts, 
there was violatiOn of principle of natural justice at the level of 
Disciplinary authority when opinion was formed to punish the -
'-delinquent with dismissal without forwarding the inquiry report to 
him and before_ obtaining his comments on the inquiry report -
Disciplinary Authority to proceed with the inquiry from the stage in 
which fault was noticed i.e. stage under r.15 of CCS (CCA) Rules, 
1965 - CCS (CCA) Rules, 1965 - r. 14 and 15 -Administrative Law 
- Principles of Natural Justice. 
Partly allowing the appeal, the Court, 
HELD: 1. Both the Single Judge and the Division Bench 
of High Court have heavily relied on the fact that before forwarding 
the copy of the report the Disciplinary Authority had already 
formed an opinion to punish the respondent with major penalty 
. which is a clear violation of_ principle of natural justice. Before 
making opinion with regard to punishment which is to be imposed 
o.n a delinquent, the delinquent has to be given an opportunity to 
submit the representation/reply on the inquiry report which finds 
a charge proved against the delinquent. The opinion formed by 
the Disciplinary Authority was formed without there being benefit 
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SUPREME COURT REPORTS 
· [2016] 9 S.C.R. 
of comments of the respondent on the inquiry report. The 
respondent in his representation to the inquiry report is entitled 
to point out any defect in the procedure, a defect of substantial 
nature in appreciation of evidence, any misleading of evidence 
both oral or documentary. In his representation any inputs and 
explanation given by the delinquent are also entitled to be 
considered by the Disciplinary Authority before it embarks with 
further proceedings as per statutory rules. Th.us, there was 
violation of principle of natural justice at the level of Disciplinary 
Authority when opinion was formed to punish the respondent 
with dismissal without forwarding the inquiry report to the 
delinquent and before obtaining his comments on the inquiry 
report. Thus, the order of the High Court setting aside the 
punishment order as well as the Appellate order has to be 
maintained. [Para 26][895-D-H] 
2. However, in the present case, the High Court while 
b 
quashing the punishment order as well as Appellate order ought 
to have permitted the Disciplinary Authority to have proceeded 
with the inquiry from the stage in which fault was noticed i.e. the 
· Stage under Rule 15 of Rules. Also, that sufficient time has 
elapsed during the pendency of the writ petition before Single 
Judge, Division Bench and before this Court, and no further steps 
E 
have been taken regarding implementation o.( the order of the 
High Court. The ends of justice would be served in disposing of 
this appeal by fixing a time frame for completing the proceeding 
from the stage of Ruic 15 of the CCS (CCA) Rules, 1965. As the 
principles of natural justice have been violated after submission 
F 
of the inquiry report, all proceedings taken by the Disciplinary 
Authority after submission of report have to be set aside and the 
Disciplinary Authority is directed to forward the copy of the 
inquiry report in· accordance with Rule 15(2) of Rules 1965 and 
further proceedings, if any, are to be taken thereafter. [Paras 27, 
G 
28][896-A-D) 
H 
Union of India and others v. R. P. Singh 2014 AIR SCW 
3475; Managing Director, ECIL, Hyderabad and Ors. 
v. B. Karunakar and Ors. (1993) 4 SCC 727 : 1993 
(2) Suppl. SCR 576; Krushnakant B. Parmar v. Union 
of India and Anr. (2012) 3 SCC 178 : 2012 (3) 
SCR 484; M. V. Bijlani v. Union of India and Ors. 
H.P. STATE ELECTRICITY BOARD LTD. v. MARESH DAHIYA 881 
(2006) 5 SCC 88: 2006 (3) SCR 896;

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