Union of India vs Suresh Kumar

Justice Kurian Joseph, C.J.—Whether an opportunity for personal hearing is a requirement of the principles of natural justice, while considering an appeal filed by a delinquent employee, against the punishment, is the question for consideration in this case. The respondents, Union of India & others in O.A. No. 443/HP/2006, have filed this writ petition, challenging the order dated 30th May, 2008, passed by the Central Administrative Tribunal, Chandigarh Bench. The matter pertains to the disciplinary proceedings initiated against the original applicant, culminating in dismissal from service. The original applicant had approached the Tribunal earlier and the Tribunal had remanded the matter to the Disciplinary Authority for fresh consideration from the stage of submission of the inquiry report. It is seen that the Disciplinary Authority has passed Annexure A-1 order dated 29.12.2005, imposing punishment of dismissal from service w.e.f. 1.12.1998. That order was subsequently modified as per Annexure A-3, whereby the dismissal was to take effect only from 15.4.2006 instead of 1.12.1998. As per Annexure A-5 order dated 10.5.2006, the appeal filed by the petitioners was dismissed. The supplementary appeal filed by the petitioners was also dismissed vide order dated 13.7.2006. In the nature of order we propose to pass in this case, it is not necessary for this Court to go into the merits of the case, though the same have been discussed in- extenso by the Tribunal which has ordered the reinstatement of the petitioner with all consequential benefits, from the date of dismissal. It is seen from the order passed by the Appellate Authority that the request of the petitioner for personal hearing has been turned down holding only that the Appellate Authority did not consider it a fit case to give personal hearing.

Personal hearing, no doubt is not a matter of right unless otherwise conferred by the relevant statute. But there are certain circumstances where this principle of natural justice has to be read into the rules even if there is no specific provision. One such instance pertains to the appellate stage in disciplinary proceedings. The delinquent employee has always a right to make an attempt for change of heart, in any case with regard to the punishment and in any case on the quantum of punishment. That attempt cannot be denied on the ground that the appeal needs to be considered only on the basis of the pleadings and the records of the case. Thus, an opportunity for hearing by word of mouth is one of the essential ingredients of principles of natural justice, while considering an appeal filed by the delinquent employee, against the punishment.

In order to enable the appellate authority to exercise the jurisdiction, as above, we set aside Annexure A-5 and Annexure R-2 and remit the matter to the Appellate Authority for fresh consideration of the appeals filed by the original applicant. The appeals shall be considered after affording an opportunity for personal hearing to the original applicant. The same shall be done within a period of three months. Needless to clarify that the Appellate Authority will consider the matter untrammelled by the observations and findings in the impugned order passed by the Central Administrative Tribunal. The writ petition is disposed of, so also the pending applications, if any.