Natural justice in disciplinary proceedings requires supply of enlisted witnesses' pre-recorded statements when needed for an effective defence.

In disciplinary proceedings, a delinquent employee is entitled to copies of pre-recorded statements of enlisted witnesses when those statements are necessary to prepare the defence. The disciplinary rules contemplated supply of such statements before examination of prosecution witnesses, and natural justice required disclosure where withholding would prejudice the employee. The department could not refuse disclosure merely because it did not propose to rely on the statements, and no legally permissible ground such as public interest or security was shown to justify non-supply. The employee was therefore entitled to the statements on request before the enquiry.

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Issues: Whether a delinquent employee facing departmental proceedings is entitled to copies of pre-recorded statements of enlisted witnesses so as to prepare his defence, and whether such copies can be withheld merely because the department does not propose to rely on them.

Analysis: The entitlement to an effective opportunity of defence includes access to materials necessary to meet the charge. The governing disciplinary rules distinguish between relied upon documents and statements of enlisted witnesses, and specifically contemplate supply of such statements to the delinquent employee before examination of prosecution witnesses. Principles of natural justice likewise require disclosure of supporting material where its withholding would cause prejudice to the defence. No legally permissible ground such as public interest or security considerations was shown to justify non-supply, and the department's stated intention not to rely on the statements did not furnish a valid basis for refusal.

Conclusion: The delinquent employee was entitled to copies of the pre-recorded statements of enlisted witnesses, and the respondents could not withhold them on the ground that they did not propose to rely upon those statements.

Ratio Decidendi: In disciplinary proceedings, pre-recorded statements of enlisted witnesses that are relevant to the defence must be supplied on request before the enquiry, unless withholding is justified by legally permissible considerations.

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