2006 (10) TMI 432 - SC - Indian Laws

Whether if any material is sought to be used in an enquiry then copies of that material should be supplied to the party against whom such enquiry is held? Whether the respondent cannot be found guilty for the offence charged?

Summary

Issues:
- Allegations of misconduct against the respondent based on specific charges.
- Tribunal's findings on the charges and the subsequent dismissal order.
- Review of the tribunal's decision by the High Court.
- Supreme Court's analysis and final judgment on the appeal.

Analysis:
The judgment pertains to an appeal filed against a Division Bench of the Andhra Pradesh High Court's decision in a writ petition. The respondent, a former General Manager of a cooperative finance corporation, faced charges related to violating government orders on fund deposits and failing to withdraw funds from non-nationalized banks. The tribunal found the respondent not guilty of Charges 2 to 4 but considered Charge 1 proved, though not amounting to misconduct. The tribunal also noted procedural irregularities in the enquiry process and set aside the dismissal order issued by the government. The High Court agreed with the tribunal's assessment, emphasizing the lack of specific details in Charge 1 and the absence of relevant government orders presented during the enquiry.

The Supreme Court concurred with the High Court's reasoning, highlighting the importance of providing specific details in charge sheets for fair enquiries. The Court emphasized that natural justice requires supplying relevant materials to the party facing allegations. In this case, the lack of specific government orders cited in Charge 1 and the respondent's actions of renewing existing deposits were crucial factors in determining the lack of guilt. The Court held that the respondent could not be found guilty based on vague charges and upheld the High Court's decision. Consequently, the appeal was dismissed with no costs imposed, affirming the exoneration of the respondent based on the insufficiency of evidence and procedural irregularities in the enquiry process.