Ashim Kumar Banerjee, J. - (1.) The writ petitioner was initially charged for minor offence. Subsequently a fresh charge-sheet was given and he was proceeded departmentally on the basis of the said charge-sheet which is quoted below:- "Charge-l. He failed to turn up for duty on 21.5.94 when detailed to escort 2 PA DMU Train along with other staff. Charge-2. He possesses a past bad record rendering him unfit for retention in a Disciplined Force." The writ petitioner was awarded punishment of removal from service. The appellate authority however modified the punishment to the following effect: "I, therefore, amend the punishment order passed by DSC/DNR and further order that a penalty be imposed upon Constable/ 6232 Om Prakash Singh formerly- of C & TE Coy., Danapur to the effect of reduction of pay to the lowest stage i.e. Rs. 855/- p.m. for a period of 5 years with cumulative effect w.e.f. the date of his joining. The period of his suspension to the preceding date of his joining shall be treated as period spent on suspension." The orders of the disciplinary authority as also the appellate authority have been as S.A.I.L. ed by the writ petitioner on the following grounds: (I) There had been violation of the principles of natural justice as the documents asked for by the writ petitioners, were not made available to him. (II). The writ petitioner was asked to appoint a friend to defend himself in the enquiry from any members of the force below the rank of Sub- Inspector which was violative of the principle of natural justice as has been held by this court in the case of Tara Pada Chowdhury v. Union of India and others. (C.O.6694(W) of 1991 disposed of on 4.12.91) . (III) The disciplinary authority from the very initiation acted in a closed mind which would be apparent from the charge-sheet itself. (IV) The charge No. 2 could not be brought as the past record could not have been relied upon by the respondent authority.
(2.) On the first issue it is contended on behalf of the writ petitioner that denial of inspection of various documents was itself violation of the principle of natural justice and as such the proceeding should be quashed on the said ground alone.
(3.) On the second issue it is contended that in view of the decision of this court in the case of Tara Pada Chowdhury referred to (supra) the proceedings is liable to be quashed and set aside.;