1986 (4) TMI 340

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.... was imposed on the respondent and to furnish him with a copy of the report of the Inquiry Officer in view of the amendment of clause (2) of Article 311 of the Constitution of India by the Constitution (Forty-Second Amendment) Act, 1976 and the consequential change brought about in Rule 15(4) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. Indeed, the notice of the Special Leave Petition that was served on the respondent was confined only to the said question. The respondent, K.S. Mahalingam, was the Examiner of Madras Customs House. While he was acting in that capacity a charge sheet was served on him containing two articles of charge alleging misconduct involving lack of integrity and lack of devotion to d....

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....the respondent to show cause against the punishment before the same was imposed by the Disciplinary Authority and as no copy of the Inquiry Officer's report was supplied to him, the order of dismissal was vitiated. Accordingly, the learned Judge by his order dated September 7, 1985 quashed the order of dismissal and directed reinstatement of the respondent in service. The appellants preferred an appeal before a Division Bench of the High Court. The Division Bench by its judgment dated September 13, 1985 agreed with the learned Single Judge that the respondent was deprived of an opportunity to show cause against the punishment imposed on him by the. Disciplinary Authority. In that view of the matter, the Division Bench did not consider ....

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....rd. In the instant case, such an opportunity has been given to the respondent. It is also not disputed that after the order of dismissal was passed, the respondent was supplied with a copy of the report of the Inquiry Officer which enabled him to prefer an appeal to the Appellate Authority against the order of dismissal. In this connection, it may be noticed that in view of the said amendment of Article 311(2) of the Constitution, Rule 15(4) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 was amended. Rule 15(4) as amended provides as follows : "15(4). If the disciplinary authority having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquir....