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    <title>1990 (11) TMI 410 - Supreme Court</title>
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    <description>A delinquent government servant remains entitled to a copy of the inquiry report prepared by an Inquiry Officer before final disciplinary action is taken. The Forty-second Amendment to Article 311(2) did not remove this procedural protection, because the report is adverse material relied on by the disciplinary authority and fair procedure requires disclosure before the decision is made. Non-supply of the report, including any recommendation on punishment, violates natural justice by denying the employee a proper opportunity to meet the case against him. The distinction between inquiries conducted by the disciplinary authority itself and those conducted by an Inquiry Officer is not arbitrary, so it does not offend Article 14.</description>
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    <pubDate>Tue, 20 Nov 1990 00:00:00 +0530</pubDate>
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      <title>1990 (11) TMI 410 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=175080</link>
      <description>A delinquent government servant remains entitled to a copy of the inquiry report prepared by an Inquiry Officer before final disciplinary action is taken. The Forty-second Amendment to Article 311(2) did not remove this procedural protection, because the report is adverse material relied on by the disciplinary authority and fair procedure requires disclosure before the decision is made. Non-supply of the report, including any recommendation on punishment, violates natural justice by denying the employee a proper opportunity to meet the case against him. The distinction between inquiries conducted by the disciplinary authority itself and those conducted by an Inquiry Officer is not arbitrary, so it does not offend Article 14.</description>
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