S P VISWANATHAN I Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 32 of the Constitution the petitioner has claimed relief for issue of a writ of certiorari for quashing the order of termination dated 6/12/1989.

(2.) The petitioner was a railway employee posted as Commercial clerk. Charges of misconduct were framed against him and inquiry was held but he did not appear at the inquiry. Pursuant to the inquiry report the disciplinary authority terminated his services. Hence this petition.

(3.) Learned counsel for the petitioner urged that since a copy of the inquiry report was not supplied to the petitioner the order of termination is vitiated. He placed reliance on the decision of this court in Union of india v. Mohd. Ramzan Khan. It is true that this court has held that if inquiry report is not supplied to the delinquent employee before passing the order of punishment, the order would be rendered illegal. But the decision of this court is given a prospective effect it will not affect the orders passed prior to the date of rendering of the judgment (November 29, 1990 as would be clear from para 17 of the judgment.