LAKSHMANAN, CJ. - (1.) THE petitioner Laxmi Narain is working on the post of the Assistant Store Keeper in the Department of Atomic Energy, Rawatbhata. He has filed this writ petition making some allegations and complaints about the misuse of the public money by some Officers working in the Department but the alleged Officers have not been named in the writ petition.
(2.) IN our view such kind of disciplinary proceedings can only be initiated against the erring officer (s) by the Management. The petitioner who is an employee by filing this writ petition wants to arrogate himself in the shoes of the Management. He has not impleaded any of the Officers against whom he had suspicion. This petition has been filed for the issuance of a direction to the respondents to hold an enquiry against the persons who are not made parties to this writ petition. It is settled law that no decision adverse to any party should be taken without giving the affected party an effective opportunity of meeting the allegations against him, before such a decision is taken and when serious allegations are made against the person, the Court is bound to issue notice to such an affected person affording an opportunity of being heard before ordering an enquiry. This principle requires that every person whose right is affected must have a reasonable notice of the cause he has to made and he must be furnished with information upon which the action is based. He must have a reasonable opportunity of being heard in his defence and to meet the case against him. It is also settled by a catena of decisions of this Court as well as of the Apex Court that the action proposed on the basis of the informations gathered on the back of the party affected without giving him any opportunity to rebut such information or material is opposed to the principles of natural justice. As already noticed, in this case, though serious allegations are made before this Court against some Officers but those Officers have not been made parties to this action and, therefore, this Court is not bound to issue notice to such person or persons. In this view of the matter, this writ petition fails and is hereby dismissed with no order as to costs. .;