Natural justice in disciplinary inquiry requires supply of relied-upon documents and a fair chance to defend.

Non-supply of the documents and evidence relied upon in a disciplinary case vitiates the inquiry where the charged employee is denied a meaningful chance to defend. The service rules and Article 311(2) require a fair inquiry, including a precise charge-sheet, disclosure of material documents, a proper opportunity to appear, and proof of charges through evidence. Where the employee repeatedly requested the documents, the inquiry was held ex parte without oral evidence, and the charges were not proved before the inquiry authority, the process was found to be contrary to natural justice. The disciplinary inquiry and removal order were therefore invalid.

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Issues: Whether the disciplinary proceedings and the order of removal were vitiated for non-supply of relied-upon documents and denial of a reasonable opportunity to defend, in breach of the rules of natural justice.

Analysis: The disciplinary rules required the charge-sheet to be precise, supported by the relevant documentary evidence, and the documents relied upon had to be supplied to the charged employee so that an effective defence could be made. The employee repeatedly sought the documents, but they were not furnished. The inquiry was also conducted without fixing a proper date for appearance, without recording oral evidence, and without proving the charges through witnesses, although the employee had been proceeded against ex parte. In disciplinary proceedings that may culminate in removal from service, Article 311(2) and the governing service rules mandate a fair inquiry and observance of natural justice. Non-disclosure of material documents and denial of an effective chance to meet the charges caused serious prejudice and invalidated the inquiry.

Conclusion: The disciplinary inquiry and the removal order were invalid, and the challenge to the High Court's decision failed.

Final Conclusion: A government servant cannot be removed on the basis of an inquiry conducted without supplying the material relied upon against him and without affording a fair opportunity to defend himself.

Ratio Decidendi: In a disciplinary proceeding, failure to supply the documents and evidence relied upon in support of the charges, coupled with denial of a meaningful opportunity of defence, vitiates the inquiry for breach of natural justice and denial of reasonable opportunity.

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