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Issues: Whether, when the disciplinary authority disagrees with the enquiry officer's findings, it must record tentative reasons for disagreement and furnish them to the delinquent officer before passing the order of punishment.
Analysis: The governing principle is that the disciplinary authority, being the final decision-maker on the charge, cannot record adverse findings on a charge differing from the enquiry officer's favourable conclusion without first giving the delinquent officer notice of the tentative reasons for disagreement and an opportunity to represent on that aspect. The requirement is founded on the principles of natural justice and is distinct from the separate question of a second show cause notice against the proposed punishment. The failure to supply the recorded reasons for disagreement deprives the delinquent of a meaningful opportunity and causes prejudice, rendering the punishment vulnerable.
Conclusion: The requirement to communicate the reasons for disagreement and seek the delinquent's response applies, and non-compliance vitiates the punishment order. The decision of the Division Bench was not sustained and the relief granted by the Single Judge was restored, in favour of the appellant.
Ratio Decidendi: When the disciplinary authority disagrees with the enquiry officer on a charge, the principles of natural justice require it to record tentative reasons for disagreement and afford the delinquent an opportunity to respond before final findings and punishment are imposed.