Amitava Lala, J. - (1.) The writ petition is basically made for the purpose of setting aside or quashing the order of his dismissal from service issued by the Zonal Manager (East) of the Food Corporation of India under ref. No. Vig-3(2)/97 dated April 12, 1999 being annexure 'W' to the writ petition and incidentally similar relief in respect of enquiry report of the respondent No. 6.
(2.) As and when the matter was called on for the purpose of final disposal both the petitioners and the respondents commonly cited a judgment reported in Punjab National Bank and Ors. v. Kunj Behari Misra, along with other matters to visualise the issue relevant for the purpose of consideration. From paragraph 19 of the judgment it appears that whenever the disciplinary authority disagrees with the enquiring authority on any article of charge then before it records its own findings on such charge, it must record its tentative reasons for such disagreement and give to the delinquent officer an opportunity to represent before it records its findings. The report of the enquiry officer containing its findings will have to be conveyed and the delinquent officer will have an opportunity to persuade the disciplinary authority to accept the favourable conclusion of the enquiry officer. The principles of natural justice, as I have already observed, require the authority which has to take a final decision and can impose a penalty, to give an opportunity to the officer charged of misconduct to file a representation before the disciplinary authority records its findings on the charges framed against the officer.
(3.) A further question arose with regard to whom this Court will remand the matter for the purpose of taking final decision. The petitioner contended that one of the authorities concerned is bias because of reason of connivance without hearing as put in the order of disagreement. It is de hors the Rule being 59(2) wherein it is described that the disciplinary authority shall, if it disagrees with the findings of the enquiry authority on any article of charge, record its reasons for such disagreement and record his own finding on such charge if the evidence on record is sufficient for that purpose.;