- (1.) APPELLANT was working as Inspector Grade -II with respondent No.1 -Punjab State Civil Supplies Corporation Limited (in short "PUNSUP"). A charge sheet was issued to him under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (in short "the Rules") on 7.3.1989. Despite opportunity given, he failed to file reply to the charge sheet. However, when enquiry started he participated by cross -examining the witnesses and also brought evidence to defend himself. The Enquiry Officer found him guilty. Enquiry Report was submitted to the competent authority for taking necessary action. After notice and hearing the appellant, vide order dated 26.7.1994, appellant was ordered to be dismissed from service. Also, recovery of Rs. 4,17,720 was ordered against him. Appellant went in appeal which was dismissed. Thereafter, he impugned the order by filing Civil Writ Petition No. 906 of 1998 which was dismissed by the learned Single Judge on 29.3.2012. Hence, this appeal.
(2.) IT is contention of the appellant throughout that before submission of reply to the charge sheet, his request to show the documents was not accepted and that has resulted into prejudice to him in defending his case.
(3.) WHEN notice of motion was issued in this appeal, following contention was noticed by this Court on 29.7.2013: - "Learned counsel for the appellant inter alia submitted that a request letter for inspection of the relevant record was sent on 3rd April, 1989 (Annexure P -2), and in response thereto, a letter dated 12th April, 1989, was received on 24.04.1989 from the Head Office wherein there was mention that the appellant can inspect the record. Again, a communication dated 25.04.1989 (Annexure P -4) was sent to show the relevant record but the record was not shown, which has prejudiced the case of the appellant. Reliance was also placed upon a letter dated 16th February, 1990 (Annexure P -16) addressed by the Deputy Manager, Establishment to District Manager, PUNSUP, Hoshiarpur." Respondent No.1 was directed to produce the record in Court which was produced on 12.11.2013. Order passed on that date reads thus: - "Learned counsel for respondents No.1 to 3 has produced the original record and states that the entire record as given in the list of documents was shown to the appellant which was duly signed by him Learned counsel for the appellant prays for time to inspect and examine the record to address arguments.";