DHIAN SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Aggrieved by the order passed by the learned Single Judge, Dhian Singh, now deceased filed this Letters Patent Appeal in this Court on the ground that neither the copies of the statements of the witnesses nor a list of witnesses was supplied to him by the Inquiry Officer in spite of the fact that repeated requests were made to him. Mr. Patwalia, learned Counsel appearing for the appellant has contended that the appellant was dismissed from service on the basis of the inquiry report and it was mandatory on the part of the respondents to have complied with the principles of natural justice by supplying the copies of the preliminary inquiry report as well as the names of the witnesses and the statements of the witnesses who deposed against him.

(2.) On the other hand, Mr. Masih, learned Senior Deputy Advocate General, Punjab has vehemently contended that the appellant did not request for supply of the copy of the inquiry report or the list of the witnesses or the statements of the witnesses. He emphasised that the appellant was allowed to take notes of the inquiry report as well as other relevant documents and it cannot be said that any prejudice was caused on the appellant. He further contended that there was no provision under the Punjab Police Rule 16.24 for supply of such documents during departmental inquiry.

(3.) In support of his submission learned Counsel for the appellant relied upon Union of India and Ors. v/s. Mohd. Ramzan Khan, 1991(1) SLR 159.