KANWAR SINGH Vs. INSPECTOR GENERAL OF POLICE, CENTRAL RESERVE POLICE FORCE & ORS.

JUDGEMENT

(1.) On the submissions of the learned Advocates for the parties and also consideration of the basic ground, as are taken in the writ application as a so the affidavit-in-opposition, it is appropriate for the Court to hold even though the Rules do not prescribe for the supply of the enquiry report, but for the sake of natural justice which is impliedly embedded in the statutory rules, that the copy of the enquiry report ought to have been furnished to the petitioner. The right of the petitioner to make an appeal, in my view, stands utterly stifled and wholly whittled down by reason of the said non-supply. This can not be permissible. Any order involving civil consequences is required to be passed after strictly and rigorously adhering to the basic concept of "audi alteram partem". The view that have taken finds its sustenance from the judgment of the Supreme Court in the case of the State of Punjab Vs. E. R. Erry & Others, AIR 1973 SC 834 as also the celebrated decision of the Supreme Court in the case of Mohinder Singh Gill Vs. The Election Commissioner, AIR 1978 SC 851 which effectively lays down the principles as regards the civil right and civil consequences.

(2.) I cannot but hold, although the Rules do not prescribe for the supply of enquiry report, but for the ends of justice and for upholding the rule of law, that the said report should have been furnished to the petitioner. The petitioner stands seriously prejudiced. Reference may be made to the G. I., M. H. A. (Dept, of Personnel and A.R., OM.No.11012/18/77-Estt. (A) dated the 2nd September, 1978. The relevant portion of the page is quoted below:-

(3.) In this connection, Mr. Chatterjee, the learned Advocate appearing on behalf of the writ petitioner, referred to the judgments of the Supreme Court in case of the State of Gujarat Vs. Teredesai, AIR 1969 SC 1204 and The State of Maharashtra Vs. E. A. Joshi, AIR 1969 SC 1302 which clearly lay down the effect of the denial or refusal of the supply of enquiry report.