TMI Blog2008 (1) TMI 864X X X X Extracts X X X X X X X X Extracts X X X X ..... ording to the petitioner, the Deputy Commissioner (S.I.B.) submitted a report as a result of the said inquiry, whereafter notice for provisional assessment has been issued to the petitioner. The petitioner further submits that despite request of the petitioner copy of the report submitted by the Deputy Commissioner (S.I.B.) has not been supplied to the petitioner. The prayer in this writ petition is to restrain the provisional assessment proceedings till the supply of the said report of the Deputy Commissioner (S.I.B.). 2. We have heard the learned Counsel for the petitioner and the learned Standing Counsel. 3. There are only two possibilities, namely, either that some part of the said report of the Deputy Commissioner (S.I.B.) will b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision would be in violation of the principles of natural justice. The correctness of the Apex Court decision in the case of Mohd. Ramzan (supra) came to be considered by a Constitution Bench in Managing Director E.C.I.L. v. B. Karunakar, reported in A.I.R. 1994 SC 1074 and affirming the same it was held that before the Disciplinary Authority comes to its own conclusion, the delinquent employee should have an opportunity to reply to the Inquiry Officer's finding . 5. Though the aforesaid law was in respect of the proceedings arising out of a disciplinary matter, in our view the dictum would apply to all such cases where an order passed is likely to cause civil consequences whether judicial, quasi judicial or administrative. Howe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner. But the communication of the substance of the adverse findings in that report may not always be sufficient. The reason is that the material adverse to the petitioner in the report may not have been properly or completely understood or appreciated in its proper perspective by the Officer when it read the repot, and what has been understood by the Officer may not have been communicated accurately to the petitioner by that Officer. Language as a medium for communciation of ideas is far from perfect and that imperfection increases indirect communication. The inadmissibility of hearsay evidence is based on that concept. Moreover the context in which the adverse conclusion finds place in the report may, in some cases, have great importance. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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