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2024 DIGILAW 1504 (AP)

Kinnera Nageswaara Rao, S/o. Bhaska v. Special Chief Secretary To Govt, Health Medical And Family Welfare Department

2024-10-23

SUBBA REDDY SATTI

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ORDER : (Subba Reddy Satti, J.) Heard Sri G.V.S. Kishore Kumar, learned counsel for the petitioner and Sri R.S. Manidhar Pingali, learned Assistant Government Pleader for Services for respondents 1 to 5. 2. The petitioner, Lab Technician GR-II on contract basis, Area Hospital, Yerragondapalem, Prakasam District filed the above writ petition challenging the show cause notice vide Rc.No.891-2/E6/2024, dated 25.09.2024 (Ex.P.1), issued by the 5th respondent, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that petitioner was selected and appointed to the post of Lab Technician GR-II on a contract basis in pursuance of notification No.01/2022 dated 06.08.2022 vide Rc.No.1449/E6/2022, dated 11.01.2023. A complaint was made against the petitioner’s apprenticeship training certificate. The 2nd respondent directed an inquiry. The petitioner attended inquiry and filed statement of defense. Pending the same, a show cause notice was issued without furnishing requisite documents. 4. Learned Assistant Government Pleader, per contra, would submit that writ petition filed, impugning the show cause notice, per se is not maintainable. 5. Thus, as seen from Ex.P.1 before issuance of show cause notice, an inquiry regarding genuineness of apprenticeship training certificate submitted by the petitioner, seems, conducted and petitioner also submitted his explanation. Without furnishing the report of the inquiry, a show cause notice dated 25.09.2024 was issued to the petitioner and the same was received by the petitioner on 17.10.2024. 6. Learned counsel for the petitioner, at the hearing, would contend that unless the requisite documents furnished to the petitioner enabling the petitioner to submit a proper explanation, the petitioner may not be in a position to meet the allegations made in the show cause notice. In the show cause notice it was specifically mentioned about the inquiry conducted regarding fake apprenticeship training certificate submitted by the petitioner. 7. It is trite law that an employee, served with show cause notice, should be given a reasonable opportunity to submit explanation. The reasonable opportunity should not be an empty formality. Unless the delinquent informed about the imputations and made available with the relevant material, it is very difficult to submit a proper explanation. If such a course is being adopted it is against the principles of natural justice. Disclosure of relevant information would meet the requirement of principles of natural justice. 8. The Hon’ble Apex Court in T. Takano vs. SEBI, (2022) 8 SCC 162 , observed as follows: “29. If such a course is being adopted it is against the principles of natural justice. Disclosure of relevant information would meet the requirement of principles of natural justice. 8. The Hon’ble Apex Court in T. Takano vs. SEBI, (2022) 8 SCC 162 , observed as follows: “29. The purpose of disclosure of information is not merely individualistic, that is to prevent errors in the verdict but is also towards fulfilling the larger institutional purpose of fair trial and transparency. Since the purpose of disclosure of information targets both the outcome (reliability) and the process (fair trial and transparency), it would be insufficient if only the material relied on is disclosed. Such a rule of disclosure, only holds nexus to the outcome and not the process. Therefore, as a default rule, all relevant material must be disclosed.” 9. In relation to furnishing the inquiry report in departmental proceedings, the Hon’ble Apex Court, in Union of India vs. Mohd. Ramzan Khan, (1991) 1 SCC 588 , observed as follows: “18. We make it clear that wherever there has been an Inquiry Officer and he has furnished a report to the disciplinary authority at the conclusion of the inquiry holding the delinquent guilty of all or any of the charges with proposal for any particular punishment or not, the delinquent is entitled to a copy of such report and will also be entitled to make a representation against it, if he so desires, and non-furnishing of the report would amount to violation of rules of natural justice and make the final order liable to challenge hereafter.” 10. The Hon’ble the Supreme Court observed in ECIL vs. B. Karunakar, (1993) 4 SCC 727 , reads as follows: “30 [i] Since the denial of the report of the enquiry officer is a denial of reasonable opportunity and a breach of the principles of natural justice, it follows that the statutory rules, if any, which deny the report to the employee are against the principles of natural justice and, therefore, invalid. The delinquent employee will, therefore, be entitled to a copy of the report even if the statutory rules do not permit the furnishing of the report or are silent on the subject. The delinquent employee will, therefore, be entitled to a copy of the report even if the statutory rules do not permit the furnishing of the report or are silent on the subject. 30 [iii] Since it is the right of the employee to have the report to defend himself effectively and he would not know in advance whether the report is in his favour or against him, it will not be proper to construe his failure to ask for the report, as the waiver of his right. Whether, therefore, the employee asks for the report or not, the report has to be furnished to him.” 11. Of course, in the case at hand, the final inquiry has not been completed, however, a preliminary inquiry was completed. Based upon which the show cause notice was issued. Non furnishing of the report along with the show cause notice would definitely cause prejudice to the interest of the petitioner. In view of the expressions by the Apex court, the authority ought to have furnished the copy of the report enabling the petitioner to submit proper explanation. 12. Given the facts and circumstances of the case, the Writ Petition is disposed of, at the admission stage, with the consent of both the learned counsel, giving liberty to the petitioner to make an application before the 5th respondent within one week from today requesting authority to furnish relevant documents. The authority shall furnish the documents in two weeks from the date of receipt of request. Thereafter, the petitioner shall submit the explanation within 15 days. Upon receipt of explanation, the 5th respondent shall conclude inquiry and pass appropriate orders, strictly as per rules. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.