Judgment :- 1. The petitioner has approached this Court with the prayer for issuance of a writ in the nature of Certiorari, to quash the order of punishment of removal from service. 2. It is not disputed that the departmental enquiry under Rule 17(b) of Tamil Nadu Civil Services (Discipline & Appeal) Rules was held against the petitioner. The petitioner participated in the enquiry, but did not lead any evidence. 3. The enquiry officer on the basis of oral and documentary evidence on record, held the petitioner guilty of charges. The competent authority agree with the enquiry officer imposed the punishment of removal from service. 4. The challenge to the impugned order is on the ground that it was passed in violation of Rule 17(b)(ii) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, as copy of the enquiry report was not supplied to the petitioner, along with the show cause notice, therefore the impugned order cannot be sustained. 5. Rule 17(b) (ii) of Tamil Nadu Civil Services (Discipline & Appeal) Rules reads as under: "After the inquiry or personal hearing referred to in clause (i) has been completed, the Authority competent to impose the penalty specified in that clause, is of the opinion, on the basis of the evidence adduced during the inquiry, that any of the penalties specified in Rule 8 should be imposed on the person charged, it shall, before making an order imposing such penalty, furnish to him a copy of the report of the inquiry or personal hearing or both, as the case may be, and call upon him to submit his further representation, if any, within a reasonable time, not exceeding fifteen days. Any representation received in this behalf within the period shall be taken into consideration before making any order imposing the penalty, provided that such representation shall be based on the evidence adduced during the inquiry only. Any representation received in this behalf within the period shall be taken into consideration before making any order imposing the penalty, provided that such representation shall be based on the evidence adduced during the inquiry only. It shall not be necessary to give the person charged any opportunity of making representation on the penalty proposed to be imposed; Provided that in every case where it is necessary to consult the Tamil Nadu Public Service Commission, the Disciplinary Authority shall consult the Tamil Nadu Public Service Commission for its advice and such advice shall be taken into consideration before making an order imposing any such penalty; Provided further that in the case of a person appointed to a post in a temporary department by transfer from any other class or by recruitment by transfer from any other service, the State Government may, at any time before the appointment of such person as a full member to the said post, revert him to such other class or service, either for want of vacancy or in the event of his becoming surplus to requirements or if the State Government are satisfied that he has got the necessary aptitude for work in the said This post, without observing the formalities prescribed in this sub-rule." 6. The learned Additional Govt. Pleader on the other hand contends, that it was for the reason that the petitioner had failed to lead any evidence, that the copy of the enquiry report was not supplied to the petitioner, therefore, no prejudice has been caused to the petitioner for non supply of enquiry report, as the petitioner was fully aware of the findings recorded by the enquiry officer. 7. On consideration, this Court finds that the writ petition deserves to succeed. Rule 17 (b)(ii) of Tamil Nadu Civil Services (Discipline & Appeal) Rules is statutory thus, mandatory. 8. The competent authority therefore, before passing an order of punishment was bound to supply enquiry report along with show cause notice issued to the petitioner to enable him to file his objections to the enquiry report if any. 9. The order having been passed in violation of statutory provisions of law, cannot be sustained. 10. Consequently, this writ petition is allowed. The impugned order is set aside. 9. The order having been passed in violation of statutory provisions of law, cannot be sustained. 10. Consequently, this writ petition is allowed. The impugned order is set aside. The case is remitted back to the competent authority, to issue fresh show cause along with the copy of enquiry report, to enable the petitioner to file his objection. The competent authority can therefore impose punishment after considering the objection, if any filed by the petitioner.