JASSA SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner has been served with a show cause notice for dismissal from service dated August 26, 1993, copy of which has been attached as Annexure P8 with this writ petition. The show cause notice has been issued to him on the basis of an inquiry in which he had never participated and no opportunity has been granted to him to defend himself despite this Court's directions issued in Civil Writ Petition No.7018 of 1993 decided on June 8, 1993. The directions issued to the respondents were to the effect that the petitioner be provided an opportunity for inspection of the records and he be supplied copies of the relevant documents which were considered necessary to enable him to file an effective reply to the show cause notice. Since the petitioner has not been afforded an opportunity to defend himself the show cause notice is liable to be quashed.

(2.) The respondents in the written statement have taken a plea that the Inquiry Officer had issued a letter to the petitioner directing him to appear before him on February 18, 1993 but the petitioner intentionally and wilfully did not appear before the Inquiry Officer. Thereafter, another letter No.14259-262 was issued to the petitioner at both his addresses whereby he was directed to appear before the Inquiry Officer on March 1, 1993. Though the said letter had been received by the petitioner well within time yet he did not opt to appear before the Inquiry Officer. The petitioner had duly acknowledged the receipt of this letter. Therefore, no fault can be attributed in conducting the inquiry proceedings.

(3.) After having heard the learned counsel for the parties, the show cause notice is quashed and the Civil writ petition is disposed of with a direction to the petitioner to appear before the Inquiry Officer on March 11, 1996 in his office to receive directions in this matter. This course is being adopted so that the petitioner may not have any grievance regarding the observance of principles of natural justice. The Inquiry Officer shall provide only two opportunities to the petitioner to rebut the evidence brought against him. The petitioner, if so advised, may ask in writing for the documents, if any required, in order to defend himself. It is further directed that the inquiry proceedings in the matter are to be concluded by September 10.1996. In case the petitioner tries to adopt delaying tactics, it will be open to the respondent- Bank to bring this fact to the notice of this Court by filing Civil Miscellaneous Application. No order as to costs.