Ex parte departmental enquiry remains mandatory even when the employee skips reply to the charge-sheet before punishment.

An employee's failure to submit a reply to a charge-sheet, despite repeated opportunities, forfeits the right to file a defence at that stage, but it does not dispense with the need for an ex parte departmental enquiry. The enquiry officer must still determine whether the charges are proved, and if proved, the report must be supplied to the employee for explanation before the disciplinary authority imposes punishment. A dismissal imposed without such enquiry was held unsustainable, and the disciplinary process had to proceed in accordance with law.

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Issues: Whether the dismissal from service could be sustained without holding an enquiry after the delinquent employee avoided submitting a reply to the charge-sheet, and whether an ex parte enquiry was still required before imposing punishment.

Analysis: The employee had been served with a charge-sheet but did not submit a reply despite repeated opportunities. The Court held that avoidance of the reply resulted in forfeiture of the right to file a defence at that stage, but the employer was not thereby relieved of the obligation to conduct an ex parte departmental enquiry to determine whether the charges were proved. If the enquiry officer found the charge proved, the report had to be furnished to the delinquent employee and his explanation considered before the disciplinary authority passed final orders in accordance with law.

Conclusion: The dismissal based on the absence of an enquiry was unsustainable, and the matter required a proper ex parte enquiry followed by consideration of the enquiry report and the employee's explanation.

Final Conclusion: The appeal succeeded, the High Court's interference was set aside, and the disciplinary process was directed to proceed in accordance with law through an ex parte enquiry and subsequent consideration by the disciplinary authority.

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