VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 259
553
rejecting request for engaging steno where 38
witnesses were examined and 112 documents
running into hundreds of pages produced, amounts
to denial of reasonable opportunity.
Kashinath Dikshila vs Union of India,
1986(2) SLR SC 620
The issue involved is whether the principles of natural justice
were violated by the respondents by refusing to supply to the appellant
copies of the statements of the witnesses examined at the stage of
preliminary enquiry and copies of the documents relied upon by the
disciplinary authority. As many as 8 serious charges were levelled
against the appellant, who was a Superintendent of Police. In all, 38
witnesses were examined in the departmental proceeding and 112
documents running into hundreds of pages produced. The request
for supply of copies made by the appellant was turned down and the
disciplinary authority merely granted permission to inspect copies of
statements and documents without the assistance of a stenographer.
He was told to himself make such notes as he could.
The Supreme Court observed that whether or not refusal to
supply copies of documents or statements has resulted in prejudice
to the employee depends on the facts of each case. The appellant
was entitled to have access to the documents and statements
throughout the course of the inquiry in order to cross-examine the
witnesses examined at the inquiry and at the time of arguments.
The Supreme Court held that the appellant has been denied a
reasonable opportunity of exonerating himself.
(259)
(A) Judicial Service — disciplinary control
(B) Compulsory retirement (non-penal) — of judicial
officers
(i) High Court has exclusive jurisdiction over District
Courts and courts subordinate thereto in respect of