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2004 (10) TMI 592 - SUPREME COURTDelay in filing Special Leave Petitions (SLPs) - Allegations of corrupt practices and demand for illegal gratification - Disciplinary proceedings and findings of the Enquiry Officer - Compliance with principles of natural justice - Proportionality of the punishment imposed - The appellants, senior translators in the High Court of Bombay - HELD THAT:- As per Rule 8 of the Bombay Rules, if the disciplinary authority is not agreeing with the reasons given by the enquiry officer it would be open to the disciplinary authority to hold further enquiry in accordance with the provisions of Rule 7 and Rule 8(2) shows that if the disciplinary authority disagrees with the findings of the enquiry officer on any of the articles of charge he shall record him reasons for such disagreement. Sub-rule 4(i) (a) of Rule 8 of the Bombay rules further shows that the copy of the report of the enquiry officer and his finding on each article of charge together with brief reasons shall be given to the delinquent employee. The rule further says that the disciplinary authority shall give its reasons for disagreeing with the decision of the enquiry officer. The counsel for the appellants contended that even if the rule does not specifically says that the delinquent employee should be given personal hearing when it disagree with the enquiry officer, the same shall be read into the provision and the delinquent employee shall be given an opportunity of personal hearing before a final decision is taken in the matter. In this connection, reliance was placed on the decision of this Court in the case of Punjab National-Bank and Ors. v. Kuni Behari Misra etc. [1998 (8) TMI 594 - SUPREME COURT]. Relying on these decisions, the counsel for the appellants contended that after the receipt of the report from the enquiry officer, the disciplinary authority should have given notices to the appellants with its tentative conclusion and an opportunity be given to the delinquent before the report of the enquiry officer is reversed by the disciplinary authority. It was also argued that the appellants should have been heard by the disciplinary authority before such a decision was rendered. Even though the rule as such does not contemplate of giving an opportunity of being given to the delinquent appellants before the disciplinary authority takes a final decision to disagree with the reasons given by the enquiry officer, such a provision could be read into the rule but even then the appellants cannot be heard to say that there shall be a personal hearing by the disciplinary authority. In the instant case, the appellants were given a copy of the tentative decision of the disciplinary authority and the appellants furnished detailed explanation and we are of the view that the principles of natural justice have been fully complied with and we do not find any infraction of rules or infirmity in the said decision. It is true that the disciplinary authority gave its reasons for disagreement with the report of the Enquiry Officer and the appellants had given their fullfledged explanation and if at all the disciplinary authority gave detailed tentative decision before seeking explanation from the appellants, it enabled them to give an effective representation and the principles of natural justice were fully complied with and it cannot be said that the appellants were not being heard in the matter. The Supreme Court dismissed the appeals, upholding the High Court's decision to dismiss the appellants from service, finding no infraction of rules or principles of natural justice, and considering the punishment proportionate to the charges of corruption.
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