TMI Blog2008 (9) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the writ petitioner (respondent herein) in service without payment of back wages. The reasons for which learned single Judge interfered with the order of dismissal from service was that the witnesses examined earlier were not produced for cross examination. Punishment was awarded by the Disciplinary Authority by taking into account the report submitted by the enquiry officer recording establishment of charges. The Division Bench concurred with the findings of the learned Single Judge. 5. In support of the appeal learned Counsel for the appellant submitted that the view taken by learned Single Judge and the Division Bench is contrary to what has been stated by this Court in several cases. Learned Counsel for the respondent, on the oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was some defect in the departmental proceedings. The solution is found in what was stated by this Court in Managing Director, ECIL v. B. Karunakar (1993) 4 SCC 737. In paragraph 31, it was observed as follows: In all cases where the enquiry officer's report is not furnished to the delinquent employee in the disciplinary proceedings, the Courts and Tribunals should cause the copy of the report to be furnished to the aggrieved employee if he has not already secured it before coming to the Court/Tribunal and give the employee an opportunity to show how his or her case was prejudiced because of non-supply of the report. If the non-supply of the report would have made no difference to the ultimate findings and the punishment given, the Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utcome. If the employee succeeds in the fresh inquiry and is directed to be re-instated, the authority should be at liberty to decide according to law how it will treat the period from the date of dismissal till the re-instatement and to what benefits, if any and the extent of the benefits, he will be entitled. The re-instatement made as a result of the setting aside the inquiry for failure to furnish the report, should be treated as a re-instatement for the purpose of holding the fresh inquiry from the stage of furnishing the report and no more, where such fresh inquiry is held. That will also be the correct position in law. In view of above, we set aside the order of learned Single Judge as affirmed by the Division Bench by the impugned j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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