Procedural irregularity in passing order of punishment

Non-furnishing of report of Enquiry Officer to delinquent before imposition of punishment, amounts to procedural irregularity. Order passed by Authority affecting rights of parties must be a speaking order.

The delinquent working as Municipal Commissioner was served with a charge memo, levelling five charges, out of which, one charge was that he had executed various works without calling for any tenders.He submitted his explanation for said charges, however, State disagreed with findings of Enquiry Officer and passed a non-speaking order without providing any justification for the same, in spite of Enquiry Officer holding charges to be unproved, after analysing various evidence and records. There was no discussion on the disagreement and there were no incriminating materials relied upon by the State to prove the charges against him. Though Enquiry Officer found justification in favour of the delinquent for invoking the emergency provisions, order of State was silent regarding the same.

There is thus violation of principles of natural justice as the delinquent was not furnished with the report of the Enquiry Officer before imposition of the punishment.