Vikramaditya Prasad, J. - (1.) THE main question to be answered in this writ petition is whether a delinquent employee, who has not been served with a copy of the enquiry report prior to the order of the disciplinary authority though on the basis of that enquiry report, the Disciplinary Authority punished him and thereafter delivered a copy of the enquiry report along with the punishment order is violative of the principles of natural justice?
(2.) THE aforesaid question arose out of the fact that the petitioner, who was a clerk with respondent Bank, was promoted to the Officers' Cadre and was ultimately promoted to the post of the Branch Manager on 1.5.1990. On 5.1.1992, the Palamau Kshetriya Gramin Bank Officers' Association was decided to be established and on 12.1.1992 six office bearers were elected and the petitioner became one of the Executive Members of the newly formed Association and the intimation thereof was given to the authorities. On 22.2.1992, the petitioner was served with a charge -sheet, Annexure 3. The petitioner submitted reply to it and a departmental enquiry was conducted against him and in that, the petitioner participated. The petitioner was assisted in that proceeding by one of his colleagues. He also summoned a number of witnesses. These is no allegation against the Enquiry Officer . The case of the respondents as per the counter -affidavit is that as the petitioner participated in the departmental proceedings and also examined his witnesses, it cannot be said that he was not given any reasonable opportunity to defend himself, as only thereafter, the enquiry was concluded and the Enquiry Officer submitted his report to the disciplinary authority. The Chairman, after considering the enquiry report and the findings of the Enquiry Officer, passed the following disciplinary order (Annexure 7) : "Janch Adhikari Ke Niskarsh Prastut Sakshion, Gawahan Ke Bayaono Ke Dhyanpurbak Adhyan Awam Apke Dwara Ke Gaye Kadachar Awam Anushashanhinta Ke Gambhirta Ko Dekhte Hue Apko Lipik Sah Rokirya Sah Tankak Ke Nimntar Pad Par Us Pad Ke Betanman Ke 12 We Sthan Ka Betan Nirdharit Karte Hua Awanti Karne Ka Dand Nirdharit Kiya Jata Hai. Sath Hi Aap Ke Nilamban Awadhi Ko Vi Usi Rup Me Samjha Jayega." The Disciplinary Authority also annexed the photocopy of the enquiry report, which were in 105 pages and that were served on the petitioner. Thereafter the petitioner preferred a Departmental Appeal and the Departmental Appellate Board directed the petitioner to submit comments on the enquiry report which the petitioner did. This decision was taken by the Board in absence of the Chairman, meaning thereby the Disciplinary Authority was not a party to that decision. After considering the comments and examining the matter the appeal was rejected with modification and the following order was passed : 'The Board decided that Sri Das be placed in starting basic pay as officer from the date he joined his duty as a clerk after his suspension order was revoked by the disciplinary authority. Sri Das may accordingly be paid the difference of salary for the period from the date of joining upto this date." Besides, he was also admonished to be disciplined in future and if any indisciplined behaviour came to the knowledge of the Bank, he would be dealt with severely. This order was communicated. Thereafter the petitioner asked for supply of the confidential reports against him. but it was not supplied on the ground that these were the classified records. The petitioner has also filed another review against the appellate order, which was also rejected on the ground that the matter has already been decided. Annexure 10.
(3.) FURTHER the stand of the respondents is that there as no question of bias on the part of respondents because the petitioner having joined the Association of the Officers. It was also contended that the departmental enquiry was conducted as per the Departmental Rules and Procedures and there has been no violation of any statutory provisions contained in the Departmental Regulations.;