TMI Blog1988 (3) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... lation of principles of natural justice. This question appears to be res-integra so far as this Court is concerned notwithstanding the contention of the learned Counsel for the petitioner to the contrary. Counsel contends that the point is directly or at any rate by necessary implication covered in the petitioners' favour. Reliance in this connection is placed on an order passed by a Bench comprising of three Hon'ble Judges of this Court in C.A. No. 537 of 1988 and on an order passed by a Bench comprising of two Hon'ble Judges of this Court in the Secretary, Central Board of Excise and Customs and Ors. v. K.S. Mahalingam (1986)IILLJ434SC . The facts of both these matters reveal that the Enquiry Officer's report was not made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f time till the Disciplinary Authority holds him guilty or condemns him. Such would be the consequence even if the Enquiry Officer has found him to be blameless and recommended his exoneration in case the Disciplinary Authority has disagreed with the Enquiry Report. There can be glaring errors and omissions in the report. Or it may have been based on no evidence or rendered in disregard of or by overlooking evidence. Even so, the delinquent will have no opportunity to point out to the Disciplinary Authority about such errors and omissions and disabuse the mind of the Disciplinary Authority before the axe falls on him and he is punished. It appears to us to be a startling proposition to advance that the only authority which really and actual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision rendered by a Constitution Bench of this Court in Union of India v. H.C. Goel (1964)ILLJ38SC , a quarter century ago wherein the following proposition have been enunciated: (1) the Enquiry Officer holds the enquiry against the delinquent as a delegate of the Government (In a case like the present one where the power to dismiss or remove vests unto the Disciplinary Authority and the Enquiry Report is required to be submitted to the Disciplinary Authority (and not to the Government) the propositions will be applicable to the Disciplinary Authority); (2) the object of the enquiry by an Enquiry Officer is to enable the Government to hold an investigation into the charges framed against a delinquent, so that the Government can, in d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so asseverated it will be difficult to resist the conclusion that principles of natural justice have been violated and the delinquent has been denied reasonable opportunity . 6. It is no doubt true that when the Constitution Bench rendered the aforesaid decision in H.C. Goel's case Article 311(2) had not yet been amended. However, that makes little difference. By virtue of the amendment what has been dispensed with is merely the notice in the context of the measure of penalty proposed to be imposed. The opportunity required to be given to a delinquent which must be reasonable opportunity compatible with principles of Natural Justice has not been dispensed with by virtue of the said amendment. Therefore the view taken in the context ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision on this point will affect millions of employees in service today as also those who may enter Government service hereafter for times to come. The matter thus needs careful consideration in depth, and if necessary at length. As this Bench is comprised of two Judges, we do not consider it proper on our part to pass any order in regard to the present petition though prima facie we are not inclined to grant leave in view of the two recent decisions cited before us. In any view of the matter we do not think that it is proper on our part to pass any order notwithstanding the fact that it appears to us that this question was not directly in issue and has neither been presented nor discussed in all its ramifications in the aforesaid two matte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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