VIGILANCE MANUAL VOLUME III - AP Online

536 DECISION - 245
recorded earlier amounts to denial of reasonable
opportunity.
Kumari Ratna Nandy vs. Union of India,
1986 (2) SLR CAT CAL 273
The appellant, Dresser in a Dispensary at the Rifle Factory,
Ishapore, was reduced in rank as Peon / Orderly with cumulative
effect for gross misconduct.
The Tribunal observed that both the disciplinary authority and
Inquiry Officer remained satisfied and contented by saying that copies
of the documents asked for would be available to the applicant for
inspection. They did not notice all the relevant mandatory rules
enjoined upon them to supply or cause to be supplied copies of the
documents. The Tribunal held that there is considerable force in the
contention of the applicant that a reasonable opportunity has been
denied to effectively cross-examine the witnesses and adequately
defend herself and that the authorities concerned have committed a
clear and gross violation of the principles of natural justice. The
Tribunal also held that examination of three additional witnesses for
the prosecution on 13.4.1978 on an application filed by the Presenting
Officer on 11.4.1978 is in clear violation of the mandatory rule 14
(15) of the Central Civil Services (CCA) Rules as per which the Inquiry
Officer is bound to take up the inquiry not earlier than the fifth day
from the date on which the application for examination of the new
witnesses had been allowed and the delinquent officer should be
given an opportunity to file a written statement pleading her defence
in respect of these three witnesses.
(245)
Order — refusal to receive
Order refused, deemed as served from the date
of refusal.
B. Ankuliah vs. Director General, Post & Telegraphs,
1986(3) SLJ CAT MAD 406