- (1.) Leave granted.
(2.) The respondent National Film Development Corporation Ltd. is a Government of India enterprise. Regulations were framed known as the Service Rules and Regulations, 1982 (hereinafter referred to as "the Regulations") in respect of the employees of Respondent 1. The Regulations, inter alia, contain conduct, discipline and appeal rules under which disciplinary action can be taken against an employee for misconduct by imposition of either a minor or a major penalty. As far as the procedure for imposing a major penalty is concerned, R. 23 lays down the procedure. The subject-matter of debate before us is the construction of R. 23(b) which reads as follows: "23. (b) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an employee, it may itself enquire into, or appoint any public servant, hereinafter called the inquiring authority to inquire the truth thereof."
(3.) A retired Judge of the City Civil Court was appointed as the inquiry officer for the purpose of inquiring into the truth of the imputations against the appellant. The appellant challenged this appointment by way of a petition under Art. 226 of the Constitution. It was the appellant's submission that a retired judge was not a "public servant" within the meaning of Rg. 23(b). In addition the appellant challenged the refusal of the inquiry officer to make available certain documents to him.;