BRITANNIA INDUSTRIES LTD Vs. UDAY VIR SINGH

JUDGEMENT

(1.) THIS writ petition filed by M/s Britannia Industries Ltd. (the petitioner herein) is directed against an order dated 28. 01. 2005 passed by Mr. M. K. Gupta, polc XII, Delhi by which the inquiry issue has been decided against the petitioner holding that the principles of natural justice were not followed and for that reason, the inquiry is vitiated.

(2.) THE court below taking note of a constitutional Bench judgment of the Hon'ble Supreme Court in Managing director, ECIL Hyderabad Vs. B. Karunakar and Ors (1993) 4 SCC 727 reached to a conclusion that the inquiry against the delinquent workman in the present case is vitiated for non-supply of copy of the inquiry report to the delinquent workman. The relevant portion of the abovementioned judgment of the Supreme court is quoted in para 37 at internal page 12 of the impugned order.

(3.) MS. RAAVI Birbal learned counsel appearing on behalf of the petitioner admits that copy of the inquiry report was not supplied to the respondent before decision for his dismissal was taken by the disciplinary authority. The court below has noted in the impugned order that the respondent is a poor and an illiterate person. This fact is not disputed by learned counsel appearing on behalf of the petitioner. In my opinion a prejudice has been caused to the workman (the respondent herein) because of non-supply of copy of the inquiry report to him and he therefore is entitled to have a copy of the inquiry report and gave his reply to the concerned disciplinary authority so that the same may be considered before any decision for imposition of penalty is taken against him.