Delinquent’s Right To Receive Enquiry Report Must Be Read Into Every Statute Even If Not Explicitly Stated
Case: Jayachandran V. v. State of Kerala & Anr.
Coram: Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P
Case No.: OP(KAT) NO. 130 OF 2022
Court Observation: “The right to receive the report is considered as the essential part of reasonable opportunity to be extended to the person affected by the report and a refusal to furnish the report amounts to denial of the right to defend himself and to prove his innocence in the disciplinary proceedings. Even if such right is not explicitly stated in the regulations or statute, that right being a fundamental and essential part of the natural justice, must be read into every regulation or rules.”
“It is crystal clear that the enquiry report was not served on the appellant before or an opportunity to plead why the findings in the enquiry report should not be accepted by the disciplinary authority or on the quantum of punishment was offered to the petitioner. This action flies in the face of the dictum laid down by the Constitution Bench.”
“There is nothing in the rules aforesaid which excludes the operation of the principle of natural justice entitling the delinquent to be served with a copy of the enquiry report before accepting the report or proposing a punishment. It is trite that the principles of natural justice must be read into the unoccupied interstices of the statute/rules or regulations unless there is a clear mandate to the contrary.”
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Keywords
Delinquent’s Right, Enquiry Report
