V K BAGGA Vs. O P ARORA

JUDGEMENT

(1.) The petition seeks quashing of the criminal complaint under Sections 499 and 500 of the Indian Penal Code in which petitioner has been summoned to stand trial for an offence under Sections 499 and 500 of the Indian Penal Code.

(2.) The complainant (respondent herein) was employee of M/s Killick Nixon Limited, employed at clerical level at its New Delhi Branch office. Petitioner is working in this very company as Branch Manager. The respondent had allegedly committed certain acts of gross disobedience and, therefore, a charge-sheet dated 29th September, 1994 was issued to him. He was also suspended from work on 6th January, 1995. Thereafter, an inquiry was held into the charges levelled in the said charge-sheet. The Inquiry Officer, after conclusion of inquiry, submitted his inquiry report on 1st February, 2002, as per which charges against the respondent stood proved.

(3.) Principles of natural justice mandate serving of a copy of the inquiry report to the delinquent employee so that he is given an opportunity to make his submissions on the findings recorded by the Inquiry Officer. The Disciplinary Authority is supposed to take final decision in the matter on consideration of the response of the charge-sheeted employee along with the inquiry report.