Vague disciplinary charge and undisclosed enquiry material cannot sustain dismissal; natural justice requires proper particulars and disclosure.

A disciplinary dismissal could not be sustained where the charge-sheet was vague and the material relied on in the enquiry had not been properly supplied to the employee. A charge alleging breach of governmental orders must set out the relevant orders, including their dates and numbers, and the supporting material must be disclosed if it is used against the delinquent employee. The enquiry record did not satisfy this requirement, and the respondent was found only to have renewed deposits made by predecessors, which weakened any basis for personal culpability. The defective charge and nondisclosure offended natural justice, so the finding of misconduct and the dismissal were unsustainable.

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Issues: Whether the dismissal from service could be sustained when the charge-sheet was vague and the material relied upon in the enquiry had not been properly supplied.

Analysis: A disciplinary charge must be specific and supported by the particulars on which the allegation rests. Where the charge alleges violation of governmental orders, the orders themselves, including their dates and numbers, must be clearly set out and furnished if they are to be used against the delinquent employee. The material before the enquiry officer was not placed in a manner satisfying this requirement. The respondent was also found only to have renewed deposits made by predecessors, which weakened the basis for fastening personal culpability. In these circumstances, the finding of misconduct could not rest on the defective charge.

Conclusion: The dismissal was unsustainable and the respondent was not liable to be found guilty on the charge framed against him.

Ratio Decidendi: A disciplinary punishment cannot be upheld on the basis of a vague charge or on material not properly disclosed to the delinquent employee, since such defects offend natural justice and prevent a valid finding of misconduct.

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