JAI HARI TEWARI Vs. MANAGING DIRECTOR
LAWS(ALL)-1990-12-119
HIGH COURT OF ALLAHABAD
Decided on December 20,1990

Jai Hari Tewari Appellant
VERSUS
MANAGING DIRECTOR Respondents

JUDGEMENT

- (1.) This writ petition is directed against the order of removal of services of the petitioner dated 22.11.90 contained in Annexure-I to the writ petition.
(2.) Both the sides have been heard and they are agreed that the writ petition be disposed of finally.
(3.) Learned counsel for the petitioner has assailed the order of removal on the ground that it is in violation of basic principles of natural justice in as much as the petitioner was not supplied any copy of the report of departmental inquiry and so he could not avail the opportunity of making any representation before the punishment in question was imposed against him. In this connection, learned counsel for the petitioner relied on a case Union of India v. Mohd. Ramzan Khan, 1990 4 JT 456. Hon'ble Supreme Court after taking into consideration the earlier decisions in this connection, has laid down as below :- "18. We make it clear that wherever there has been an inquiry officer and he has furnished a report to the disciplinary authority at the conclusion of the inquiry holding the delinquent guilty of all or any of the charges with proposal for any particular punishment or not, the delinquent is entitled to a copy of such report and will also be entitled to make a representation against it, if he so desires, and non-furnishing of the report would amount to violation of rules of natural justice and make the final order liable to challenge hereinafter.";


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