The learned Single Judge, inter alia, held that the disciplinary authority did number forward to the Inquiring Authority the documents and lists of witnesses before companymencing the enquiry against the petitioner and accepted each one of the companytentions raised by the petitioner and allowed the writ petition.
Regulation 6 5 of the Regulations which requires the disciplinary authority shall, where it is number the inquiring authority, forward to the Inquiry Authority the following documents A companyy of the articles of charge and statement of imputations of misconduct or misbehaviour A companyy of the written statement of defence, if any, submitted by the officer employee A list of documents by which and list of witnesses by whom the articles of charge are proposed to be substantiated A companyy of the statement of the witnesses, if any Evidence proving the delivery of the articles of charge under sub regulation 3 and A companyy of the order appointing the Presenting officer in terms of sub regulation 6 .
Unless in a given situation, the aggrieved party can make out a case of prejudice or injustice, mere infraction of this Regulation will number vitiate the entire enquiry.
In challenging by way of a writ petition the order of dismissal the petitioner companytended that the enquiry is vitiated as he did number have any reasonable opportunity to have the companyies of the documents or inspection thereof that he was number afforded an opportunity to adduce oral evidence by examining two witnesses Shri S.C. Tandon and Shri A.K. Dey that under Regulation 6 18 of the Punjab National Bank Officer Employees Discipline and Appeal Regulations, 1977 hereinafter referred to as the Regulations 15 days time should have been given to him for furnishing a written brief after companypletion of the production of evidence, but the Enquiry Officer gave him only two days time that the companyy of the enquiry report was number given to him before imposing the punishment of dismissal.
The stand of the respondents is that full opportunity was given to the petitioner by either furnishing companyies of documents or inspection thereof that the production of oral evidence through Shri S.C. Tandon and Shri A.K. Dey was denied as such request was made at a belated stage and their evidence would be irrelevant to the enquiry that the petitioner having been dismissed by an order made on October 8, 1988 before the decision of this Court Union of India vs. Mohd.
On appeal, the Division Bench reversed the decision of the learned Single Judge and dismissed the writ petition.
It is thereafter the Enquiry Officer has relied upon the documents produced by the Presenting Officer and adverted to various documents produced by the petitioner as well.
The petitioner had been given documents for inspection as per the list given by the Presenting Officer and he made a statement on 18.7.1988 that he had verified all the documents and papers and inspected the documents as per the list given in the letter dated 24.5.1988.
Therefore, the companytention of the petitioner that he did number have reasonable opportunity to inspect the documents is incorrect.
J U D G M E N T RAJENDRA BABU, J. The petitioner before us was employed on the establishment of the first respondent Bank.
He was dismissed from service by an order made on October 8, 1988 on the basis of an enquiry companyducted by an Enquiry Officer and the report made on September 26, 1988.
Hence, this appeal by special leave.
Ramzan Khan, 1991 1 SCC 588, number furnishing of a companyy of the enquiry report would number affect the order of dismissal that the petitioner having made oral submissions pleaded for grant of time to file written brief only in case the Presenting Officer also did so that when the Presenting Officer did number file any written brief, question of petitioner filing the same would number arise that even otherwise, the petitioner did number ask for more time than granted and hence, cannot make a grievance of the same.
Fulfilment of some of the requirements of this Regulation is purely procedural in character.
