(1.) The petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issue of a writ of certiorari for quashment of the notifications dated 11.11.2005 issued by the respondent No.1, Union of India, vide Annexures 3 and 4 to the writ petition and further to lancet the rule framed on 20.1.2006 by the respondent No.2, the same being unconstitutional. A further prayer was made for restraining the respondent No.2 from publishing any finding against the petitioner, the same being violative of Article 14 of the Constitution of India and Section 8 B of the Commission of Inquiry Act, 1952 (for brevity "the Act").
(2.) A Division Bench hearing the matter had formulated the following three questions for consideration: "(i) Is the Constitution of a fact finding inquiry commission / authority legally permissible de-hors the provisions of the Commission of Inquiry Act, 1952? (ii) Should resort to Section 11 of the Commission of Inquiry Act, 1952, necessarily result in the application of Sections 8B and 8C of the said Act to the proceedings before the Inquiry Authority / Commission? (iii) Is the right to demand copies of the documents and affidavits, the right to be represented by a legal practitioner and the right to cross-examine the witnesses examined by the Commission available to a noticee independent of Section 8B and 8C of the Act aforementioned before an Inquiry Authority / Commission established otherwise than under the provisions of the said Act?"
(3.) As far as the question No.(i) is concerned, the Division Bench, after hearing the learned counsel for the parties and placing reliance on P.R. Nayak v. UOI & Ors., 1973 1 ILR(Del) 747 and Brahma Nand Gupta v. Delhi Administration & Ors., 1990 41 DLT 212, concurred with the legal position stated in the said decisions and eventually did not find any merit in the contention raised by Mr.Sawhney, learned counsel appearing for the writ petitioner. As far as the questions No. (ii) and (iii) are concerned, the Division Bench addressed to certain aspects pertaining to questions No.(ii) and (iii) and referred to the decisions in State of Bihar v. Lal Krishna Advani & Ors, 2003 8 SCC 361, Ram Krishna Dalmia v. Justice Tendulkar, 1958 AIR(SC) 538 and Article 21 of the Constitution of India and thereafter held thus:
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