Natural justice in disciplinary termination requires supply of the enquiry report before final action and fresh reconsideration.

In a disciplinary termination matter, natural justice required the delinquent employee to be furnished with the enquiry report before the disciplinary authority passed final orders. Because that procedural safeguard had not been followed, the appropriate course was to supply the report, allow a representation, and require a fresh decision by the authority. The termination order was stated to remain operative only until the reconsideration was completed, and reinstatement or back wages were not to follow automatically at that stage. The matter was remitted for fresh consideration after compliance with the procedural requirement.

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Issues: Whether, in a disciplinary matter relating to termination, the delinquent employee was entitled to a copy of the enquiry report before final orders were passed, and whether the matter should be remitted for fresh consideration.

Analysis: The procedural rules required observance of principles of natural justice, which included furnishing the enquiry report to the employee before the disciplinary authority completed the proceedings. Since that step had not been followed, the proper course was to direct supply of the report, permit a representation, and require the authority to take a fresh decision. The Court also indicated that the earlier termination order would remain operative only until the fresh consideration was concluded, and that reinstatement or back wages were not to follow automatically at this stage.

Conclusion: The employee was entitled to receive the enquiry report and have the matter reconsidered by the disciplinary authority; the case was remitted for that purpose.

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