'Non-Supply Of Relied-Upon Documents Deprives Employee Of Meaningful Defence; Enquiry Reduced To Mere Formality': Patna High Court

The Patna High Court has held that failure to supply documents relied upon in a departmental enquiry vitiates the entire proceeding, as it deprives the delinquent employee of a meaningful opportunity to defend himself, in violation of principles of natural justice.A Division Bench of Justice Sudhir Singh and Justice Sunil Dutta Mishra was hearing an intra-court appeal challenging the judgment dated 18.07.2022 passed by a learned Single Judge dismissing the writ petition filed by the appellant. The appellant, an Assistant Godown Manager in the Bihar State Food and Civil Supply Corporation Limited, had been subjected to departmental proceedings on allegations of defalcation. He was eventually dismissed from service pursuant to an enquiry conducted in 2003.Challenging the action, the appellant contended that despite repeated requests, he was never furnished with the documents forming the basis of the charges against him. It was argued that such non-supply rendered the enquiry fundamentally unfair. The State, however, maintained that the proceedings were conducted in accordance with law and that there was no procedural infirmity warranting interference.To ascertain the factual position, the High Court had directed production of original records of the departmental proceedings. Upon perusal, the Court found that there was no material to demonstrate that the documents sought by the appellant were ever supplied. The Court observed:“Having considered the aforesaid principles laid down by the Hon'ble Supreme Court, this Court is of the view that the departmental proceeding in the present case was not conducted in a fair and bona fide manner. It is evident from the record that, despite repeated requests, the appellant was not furnished with the relevant documents and materials which formed the basis of the charges against him. In the absence of such essential documents, the appellant was effectively deprived of a meaningful opportunity to defend himself. Further, there is nothing on record to show that the materials relied upon during the course of inquiry was supplied to the appellant before the disciplinary authority proceeded to impose punishment The manner in which the enquiry was conducted, without ensuring compliance with these basic requirements, indicates that it was reduced to a mere formality rather than a genuine fact-finding exercise.”Emphasising the centrality of natural justice, the Court held that the right to be supplied with relied-upon documents is an essential component of a fair hearing, and absence of such material results in denial of a meaningful opportunity of defence.The Court further noted that the appellant was effectively required to respond to serious allegations “in the dark”, without knowledge of the evidence against him, which caused manifest prejudice.Holding that the entire departmental proceeding stood vitiated, the Court set aside the order of the Single Judge and allowed the appeal. The respondents were directed to extend all consequential benefits to the appellant, including retiral benefits, within four months.Case Title: Ganesh Pandey v. State of Bihar and Ors.Case No.: Letters Patent Appeal No. 410 of 2022 (in Civil Writ Jurisdiction Case No. 11956 of 2005).Appearance: Senior Advocate Mr. Abhinav Shrivastava, assisted by Mrs. Shashi Priya Pathak and Ms. Antra Azad, appeared for the Appellant. Mr. Shailendra Kumar Singh appeared for the Respondent.Click Here To Read/Download Order

'Non-Supply Of Relied-Upon Documents Deprives Employee Of Meaningful Defence; Enquiry Reduced To Mere Formality': Patna High Court

Rushil Batra

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