Ritu Raj Awasthi, J. - (1.) HEARD learned Counsel for the Petitioner as well as learned Standing Counsel and perused the records.
(2.) THE writ petition has been filed challenging the order of punishment dated 2nd of January, 1992 by which the Petitioner was dismissed from service from the post of Moharrir Judicial Gr. II. The main ground of attack of the Petitioner's counsel is that the impugned punishment order dated 2nd of January, 1992 has been passed in gross violation of principles of natural justice, as neither any enquiry report was provided to the Petitioner nor any opportunity to rebut the findings of the enquiry report was provided to the Petitioner.
(3.) IT is submitted by the learned Counsel for the Petitioner that in the case of Union of India v. Mohd. Ramzan Khan; : 1991 (1) SCC 588, it has been held by the Hon'ble Apex Court that non supply of the copy of the enquiry report to the delinquent employee amounts to violation of principles of natural justice as he is denied adequate opportunity of defence. The relevant observations of the Hon'ble Apex Court are quoted 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 hereafter.;