HAKIM KHAN Vs. SIROHI CENTRAL CO-OPERATIVE BANK

JUDGEMENT

(1.) In this case petitioner is challenging the validity of order of dismissal dated 3/1/2005 (Annex.4) and impugned order dated 21/3/2005 (Annex.7) passed by the appellate authority. The main contention of petitioner is that before passing the impugned order of dismissal by the disciplinary authority, copy of inquiry report was not supplied to him which is mandatory as per the judgment rendered by Hon'ble Apex Court reported in 1991 (1) SCC 588 (Union of India & Ors. vs. Mohd. Ramzan Khan) in which Hon'ble Apex Court has held that delinquent employee against whom departmental inquiry is initiated is entitled to copy of inquiry report submitted by inquiry officer to disciplinary authority and to make representation against it. Further it is held that non-furnishing of the inquiry report to the delinquent would be violative of principle of natural justice rendering the final order invalid. Therefore, the order impugned passed by the disciplinary authority for dismissal of services of petitioner deserves to be set aside.

(2.) Further it is submitted that order of appellate authority also deserves to be set aside on the ground that said authority has not applied its mind towards grounds taken by the petitioner.

(3.) Learned counsel for the petitioner further argued that orders impugned are also required to be quashed on the ground that they are totally non-speaking order and do not bear independent finding either by the disciplinary authority in the order dated 3/1/2005 or by the appellate authority in its order dated 21/3/2005.