SANJIB BANERJEE, J. - (1.) A pure question of law has been urged by a dismissed employee of Bharat Bhari Udyog Nigam Limited, a public sector undertaking of the Central Government.
(2.) ACCORDING to the petitioner, the inquiry officer found that the charges levelled against the petitioner could be carried to the extent of finding the petitioner having been negligent. However, the disciplinary authority disagreed with the inquiry officer and rendered an opinion of the petitioner's connivance in the matters complained of. But the disciplinary authority did not issue any show -cause notice to the petitioner while disagreeing with the inquiry officer's report and handing out a punishment to the petitioner. The departmental appeal was perfunctorily dealt with and dismissed. Since it is the undeniable position that the disciplinary authority disagreed with the inquiry officer's report that the petitioner was only guilty of negligence and since the disciplinary authority perceived the petitioner to be guilty of active connivance in respect of the matters complained of, it was incumbent on the disciplinary authority to afford the petitioner an opportunity of addressing such aspect of the matter before the disciplinary authority prior to any punishment being meted out to the petitioner.
(3.) IN such circumstances and since the procedural error appears to be gross and denied the petitioner an opportunity of fair hearing, the punishment awarded to the petitioner by the order dated March 2, 2009, as affirmed by the appellate order of June 1, 2009 and the order of review passed on December 18, 2009, is set aside and the matter is remanded to the disciplinary authority for fresh consideration in accordance with law. In the event the person now occupying the position of the disciplinary authority is of the view that the petitioner was guilty of connivance in respect of the matters complained of, the petitioner should be afforded an opportunity of making a representation in such regard before the disciplinary authority awards any punishment. The entire exercise should be completed by the disciplinary authority within a period of ten weeks from date.;