VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 143
389
Collector of Customs vs. Mohd. Habibul Haque,
1973(1) SLR CAL 321
The respondent was a Preventive Officer Gr.II in Calcutta
Customs. A departmental inquiry was held. After the evidence was
closed in the inquiry proceeding, on the direction of the Inquiry Officer,
written brief containing the arguments was filed by the respondent
with copy to the other side. The Presenting Officer also filed a written
brief containing the arguments of the prosecution but without any
copy to the respondent. The Inquiry Officer submitted his report with
a finding holding the charges as proved and the Disciplinary Authority
agreeing with the finding of the Inquiry Officer and giving the show
cause notice, imposed the penalty of dismissal from service.
The Calcutta High Court held that the requirements of rules
and principles of natural justice demand that the respondent should
have been served with a copy of the written brief filed by the Presenting
Officer even though service of a copy is not expressly in rule 14(19)
of the Central Civil Services (CCA) Rules, 1965. Failure to supply
such a copy has resulted in denial of reasonable opportunity to the
respondent to defend himself and thus rendered the entire proceeding
invalid.
Further, the High Court observed that the written brief was
made part of the inquiry report and marked therein as Annexure C,
but a copy of the written brief was not supplied to the respondent
with the inquiry report even with show cause notice. Reference was
made to the Supreme Court decision in the State of Gujarat vs.
Tere desai: AIR 1969 SC 1294, where it was held that if the entire
copy of the inquiry report is not supplied to the delinquent servant,
the requirement of reasonable opportunity would not be satisfied.
The High Court observed that on the authority of the proposition
indicated in the Supreme Court decision, it must be held that nonsupply
of the copy of the written brief has also rendered from this
stage the entire proceeding invalid.