MALIK RAM Vs. HINDUSTHAN CABLES LTD

JUDGEMENT

(1.) The petitioner is an ex-employee of Hindusthan Cables Limited and is aggrieved by the order of dismissal passed against him on the 23rd of February, 1963. He has asked for a writ in the nature of prohibition commanding the respondents to forbear from giving effect to the directions contained in the letter dated February 23, 1963, that is to say, the letter by which he was dismissed from service with immediate effect.

(2.) His complaint is that though he was asked to show cause why he should not be dismissed, he was not supplied with the copy of the report submitted by the enquiring officer to the dismissing authority. It is not disputed that an enquiry was made into the charges levelled against him. He does not appear to be seriously aggrieved by anything that took place at the stage of the enquiry. As a matter of fact, the rule has been issued only on ground No. 1, which runs as follows: "......the petitioner was not supplied with necessary statements and even a copy of the finding of the enquiry officer and the said materials were relied upon without giving the petitioner any reasonable opportunity of explaining them."

(3.) That the petitioner was not supplied with the papers mentioned in ground No. A, is not denied; on the contrary it is stated in the affidavit in opposition that the petitioner was not entitled to the statements or to a copy of the findings of the enquiring officer. Paragraph 9 in the affidavit in opposition runs as follows :