JABA RANI GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. D.P. Chaliha, learned senior counsel for the petitioner and also Mr. B. Sarma, learned Addl. CGSC for respondent Nos. 1,2, and 3. None appeared for the respondent No.4, Regional Manager, Central Warehousing Corporation.

(2.) The petitioner was appointed as Warehouse Assistant Grade-II on compassionate ground against a regular vacancy by an order passed on 13.8.99 (Annexure-D). Sometime thereafter, a department proceedings was initiated against her on the allegation that she had submitted false information about her previous employment as a teacher in Uttar Hozai Nimna Buniadi L.P. School. On completion of the disciplinary proceedings, the respondent No.4 as disciplinary authority terminated the services of the writ petitioner by the impugned order dated 17.8.2001 (Annexure-W). Mr. Chaliha, learned counsel submitted that the department proceedings is vitiated for non compliance of the mandatory provisions as well as the principles of natural justice. Mr. Chaliha pointed out that the writ petitioner was not furnished with the copies of the essential documents relied upon by the disciplinary authority. Her request for appointment of a particular person as a defence counsel was also rejected.

(3.) Rule 61 of the Central Warehousing Corporation (Staff) Regulations, 1986 lay down the procedure for imposition of major penalties. Clause (iii) of Rule 61 provides that when it is proposed to hold an inquiry, the disciplinary authority shall frame definite charges on the basis of the allegations and the charges so framed with a statement of the allegations, a list of documents and a list of witnesses be furnished to the employee. In the explanation appended to clause (iii) it has been provided that it will not be necessary to show the documents listed in the charge sheet or any other sheet or any other document to the employee at this stage. Mr. Chaliha, learned counsel submitted that this explanation to clause (iii) is contrary to the principles of natural justice and in a disciplinary proceedings, the delinquent officer has to be supplied with the copies of the documents or at least an opportunity to inspect the same if he/she so desires before the proceedings started.