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  • S. 240(3) of the Government of India Act, 1935,
  • Indian Companies Act, 1956.
  • Act or rules. Article 14
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  • S. 240(3) of the Government of India Act, 1935,
  • Indian Companies Act, 1956.
  • Act or rules. Article 14
Smart Summary

Structured Summary of the Court's Opinion (Jagannatha Rao, C.J.)

Factual and Procedural Background

This appeal is by the writ-petitioner (the appellant) against the judgment of the learned Single Judge which dismissed the writ petition. The central controversy concerns the validity of disciplinary action culminating in an order of dismissal from service (Exhibit P6) dated 7 September 1987.

The appellant was the Finance Manager of the Kerala State Handloom Development Corporation Ltd., a State-owned company registered under the Indian Companies Act, 1956. He held that post until 10 September 1987 when the dismissal order was passed. A domestic inquiry was conducted by the third respondent (an enquiry officer who was a practising lawyer). Nineteen charges were framed against the appellant; seventeen were found proved. The appellant challenged the disciplinary process and the dismissal; the same points were raised before the Single Judge and are again before this Court.

Legal Issues Presented

  1. Whether the regulations applicable to officers of the Corporation contemplate a second opportunity regarding the “action” proposed to be taken and therefore require that a copy of the inquiry report be furnished.
  2. Whether a second opportunity against the "action" to be taken or the "punishment" to be awarded is part of the general principles of natural justice applicable to disciplinary actions other than those governed by Art. 311(2) (as it stood before 1976).
  3. Whether, after the decision in Delhi Transport Corporation v. Delhi Transport Corporation Mazdoor Congress, principles of natural justice as a facet of Article 14 require a second opportunity at the stage of punishment by furnishing a copy of the inquiry report.
  4. Whether the decision in Union of India v. Mohamed Ramzan Khan (20 November 1990) requiring furnishing of inquiry reports applies only prospectively to punishments awarded on or after 20 November 1990, even if it were to apply to officers of the Corporation.
  5. Whether other alleged irregularities in the inquiry are proved and render the order of punishment invalid.

Arguments of the Parties

Appellant's Arguments

  • There should be a second opportunity at the stage of imposition of punishment — by furnishing a copy of the inquiry report and inviting further explanation — and this second opportunity can be implied even if not expressly provided in the regulations.
  • Specific procedural complaints about the inquiry included: (a) refusal to recall certain witnesses (MWs.1 and 4) for cross-examination after the management marked documents (M.38‑C, M.39–42); (b) non-examination of the Managing Director though cited as a witness; (c) curtailed cross-examination of MW2; and (d) non-supply of copies of depositions and two documents relating to evidence.

Respondent / Employer's Arguments

  • The applicable regulations (Para 4.17, sub-clause (ii)) provide a single opportunity to answer charges and do not contemplate a second opportunity to be heard on the proposed punishment by furnishing the inquiry report.
  • Earlier Supreme Court authority (including Tulsiram Patel and related cases) supports that a second opportunity at the penalty stage is not part of the principles of natural justice in ordinary disciplinary situations; if Mohamed Ramzan Khan holds otherwise, that decision applies prospectively only (from 20 November 1990).
  • As to the procedural complaints: documents were marked with consent ("no objection to marking without examining the signatory"), the inquiry officer had no power to summon witnesses, and there was no proof of prejudice arising from any alleged procedural defects.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Suresh Koshy George v. University of Kerala (A.I.R. 1969 S.C. 198) Held that a second inquiry (a second show-cause or opportunity at penalty stage) is not required by principles of natural justice in ordinary disciplinary proceedings. The Court relied on and followed this authority to reject the appellant's contention that a second opportunity should be implied.
Sahranpur Light Railway Company v. Workers' Union (A.I.R. 1969 S.C. 513) Stated that neither ordinary law nor industrial law required a second show-cause notice at the stage of punishment; Art.311(2) (pre-amendment) was the only circumstance requiring such a step. The Court cited it to support the proposition that a second opportunity at the punishment stage is not generally required.
Associated Cement Company Ltd. v. T.C. Shrivastava (1984 — II L.L.N 36) Reiterated that neither ordinary law nor industrial law necessitates a second opportunity to show cause against proposed punishment. The Court followed and applied this decision in concluding that regulation or natural justice does not mandate a second opportunity here.
Union of India v. Tulsiram Patel (1985 — II L.L.N 488) Considered Art. 311(2) as amended (post-Forty‑second Amendment) and held that where second opportunity is specifically excluded by statute/rule, principles of natural justice cannot be invoked to import it. The Court relied on Tulsiram Patel to hold that a second opportunity cannot be read into rules or general principles where exclusions are constitutionally/statutorily made; it formed a central part of the analysis rejecting an implied right to a second opportunity.
Delhi Transport Corporation v. Delhi Transport Corporation Mazdoor Congress (1991 — I L.L.N 613) Recognized that principles of natural justice are a facet of Article 14 but confirmed that a second opportunity at punishment stage is not part of the law of the land; also held a specific regulation permitting termination without inquiry to be arbitrary and violative of Article 14. The Court accepted and distinguished this authority: it reaffirmed the rule that second opportunity is not generally required, and used the decision to discuss the limits of Article 14 and reasonable classification.
Maneka Gandhi v. Union of India ((1978) 1 SCC 248 : A.I.R. 1978 S.C. 597) Held that principles of natural justice are a facet of Article 14 (broader due-process type reasoning about fairness). The Court cited Maneka Gandhi to explain that while natural justice is part of Article 14, it can be excluded where the exclusion has nexus with the object of a statute or rule.
Union of India v. Col. J.N. Sinha ((1970) 2 SCC 458 : A.I.R. 1971 S.C. 40) Explained that statutory provisions may expressly or by necessary implication exclude principles of natural justice; whether natural justice applies depends on statutory language, nature and purpose of power. The Court invoked J.N. Sinha for the proposition that natural justice can be excluded in particular classes of cases where there is nexus with legislative purpose.
Baikuntha Nath Das v. Chief District Medical Officer (1992 — I L.L.N 902) (Cited as) A recent instance where the principle permitting exclusion of natural justice (as in J.N. Sinha) was applied in compulsory retirement cases. The Court referred to it as follow-up authority confirming that principles of natural justice may be excluded in certain cases.
Secretary, Central Board of Excise and Customs v. K.S. Mahalingam (1988 — II L.L.N 97) Held that after the Forty‑second Amendment there was no question of any second opportunity (i.e., furnishing inquiry report) under Art.311(2). The Court noted this decision as part of the chronology of authority on whether inquiry reports must be furnished after the 42nd Amendment.
Union of India v. B. Bhasyham (1989 — I L.L.N 201) Indicated that the correctness of K.S. Mahalingam needed decision by a larger Bench. The Court cited it to show that the law on furnishing inquiry reports was under debate and subject to further consideration.
Union of India v. Mohamed Ramzan Khan (1991 — I L.L.N 380) Held that delinquent public servants are entitled to a copy of the inquiry officer's report because the punishing authority is likely to be influenced by it; however, the decision was made to operate prospectively (from 20 November 1990). The Court applied the holding that Mohamed Ramzan Khan is prospective: punishments imposed before 20 November 1990 remain valid even if inquiry reports were not furnished; punishments on or after that date may require re-opening per that decision.
State of Gujarat v. R.G. Teredesal ((1969) 2 SCC 128 : A.I.R. 1969 S.C. 1294) Three‑Judge Bench authority referenced for the proposition that the punishing authority may be influenced by the inquiry report, supporting entitlement to a copy. The Court noted Teredesal as part of the lineage of authority relied upon in Mohamed Ramzan Khan for the entitlement to a copy of the inquiry report.
P.C. Purushothama Reddiar v. S. Perumal (1972) 1 SCC 9 : A.I.R. 1972 S.C. 608 Held that it is not open to a party to object to the opposite party's right to rely on a document that was marked without objection; contents of a document properly admitted are admitted in evidence (though not necessarily conclusive). The Court applied this principle to reject the appellant's objection to documents marked (endorsed "no objection to marking without examining the signatory").
Bhagat Ram v. Khetu Ram (A.I.R. 1929 P.C. 100) Privy Council authority followed in P.C. Purushothama Reddiar about documents admitted by consent. The Court noted this Privy Council precedent as underlying the rule that marking documents by consent prevents later objection to their admissibility.
Barielly (Bareilly) Electric Supply Corporation v. Workmen (A.I.R. 1972 S.C. 330) Related to evidentiary value of admitted documents (context: proceedings before an Industrial Tribunal and balance sheet evidence). The Court held that this decision was distinguishable and could not assist the appellant on the issue of documents marked by consent in the domestic inquiry.
K.L. Tripathi v. State Bank of India (1984 — I L.L.N 19) Held that mere absence of a right of cross-examination does not vitiate a domestic inquiry in the absence of proof of prejudice. The Court relied on this principle to conclude that curtailed cross-examination did not, without proof of prejudice, invalidate the inquiry.
Tata Oil Mills Ltd. v. Its Workmen (1964 — II L.L.J 113) and Tata Engineering & Locomotive Co. Ltd. v. Prasad (1969 — II L.L.J 799) Referenced for the proposition that an inquiry officer has no power to summon witnesses. The Court cited these authorities to reject objections that the inquiry officer failed to summon certain witnesses.
High Commissioner for India v. I.M. Lal (A.I.R. 1948 P.C. 121) Interpreted S.240(3) of the Government of India Act, 1935, relating to the prior requirement of a second opportunity under earlier law. The Court referred to this historical authority in discussing the position prior to the Forty‑second Amendment and the evolution of the law on second opportunities.

Court's Reasoning and Analysis

The Court addressed each point in sequence, applying the applicable regulation and authoritative precedents without adding facts beyond the record.

Point 1 (Regulatory construction)

The relevant regulation (Para 4.17, sub-clause (ii)) was quoted. It requires that charges be formulated in writing and given to the employee so that he has a reasonable opportunity to answer them in writing or in person. The Court observed that the regulation contemplates only one opportunity in relation to proof of charges and does not contemplate a second opportunity in respect of the action proposed (i.e., a separate show-cause on punishment or furnishing the inquiry report). On that basis the Court held Point 1 against the appellant.

Points 2 and 3 (Natural justice / Article 14)

The appellant argued that a second opportunity at punishment stage should be implied by general principles of natural justice. The Court rejected this contention as contrary to Supreme Court authority. It reviewed a line of cases (Suresh Koshy George, Sahranpur Light Railway, Associated Cement Company, Tulsiram Patel, and Delhi Transport Corporation) showing that a second opportunity at the stage of punishment is not part of the law of the land or mandatory under ordinary industrial law. The Court explained that although principles of natural justice are a facet of Article 14 (citing Maneka Gandhi), they can be excluded expressly or by necessary implication where there is a reasonable classification and nexus with the statutory purpose (citing Col. J.N. Sinha). Consequently, the Court concluded that a second opportunity by way of furnishing the inquiry report is not part of the general principles of natural justice applicable in disciplinary cases of this kind, and Points 2 and 3 were held against the appellant.

Point 4 (Effect of Mohamed Ramzan Khan)

The Court examined Union of India v. Mohamed Ramzan Khan (decided 20 November 1990), which held that delinquent public servants should be furnished with the inquiry officer's report. The Court noted that Mohamed Ramzan Khan expressly provided that its conclusion would apply prospectively. Quoting Para 17 of that decision, this Court observed that judgments reaching contrary conclusions before that date would no longer be good law but that Mohamed Ramzan Khan's rule would have prospective application; punishments imposed before 20 November 1990 would remain valid notwithstanding non-supply of inquiry reports. Applying that prospectivity, the Court held Point 4 accordingly (i.e., the 1987 dismissal is not affected by Mohamed Ramzan Khan).

Point 5 (Alleged irregularities in the inquiry)

The Court reviewed the particular procedural complaints raised by the appellant and agreed with the Single Judge's detailed treatment. Key parts of the Court's analysis:

  • Documents marked by the management after examination of certain witnesses were endorsed "no objection to marking without examining the signatory." The Court applied the three-Judge Bench decision in P.C. Purushothama Reddiar (and the Privy Council decision in Bhagat Ram) to hold that it is not permissible to object later to a document admitted without objection; once properly admitted, the contents are admitted in evidence (though not necessarily conclusive).
  • The Bareilly Electric Supply Corporation case was distinguishable and did not assist the appellant on admissibility issues.
  • The Managing Director's non-examination did not vitiate the inquiry: he had sought government permission to appear and time limits precluded his appearance; moreover, the inquiry officer lacks power to summon witnesses (citing Tata Oil Mills Ltd. and Tata Engineering cases).
  • Allegations about curtailed cross-examination of MW2 and non-supply of depositions were considered: the inquiry officer stated that evidence not subjected to cross-examination would be discarded; the Single Judge found no proof of prejudice to the appellant. The Court agreed that no prejudice was demonstrated.
  • Two documents not supplied were either marked by the appellant himself or not relevant; thus non-supply did not establish prejudice.

On the cumulative assessment of these points, the Court found no procedural irregularity that caused prejudice to the appellant and held Point 5 against him.

Holding and Implications

Primary Holding: THE WRIT APPEAL IS DISMISSED.

Consequences and immediate effects:

  • The judgment and order of dismissal (Exhibit P6 dated 7 September 1987) are upheld; the appellant's challenge to the disciplinary proceedings and dismissal fails on the merits.
  • The Court held that the applicable corporate regulation contemplated only one opportunity to answer charges and did not require furnishing of the inquiry officer's report as a means of providing a separate second opportunity on punishment.
  • The Court held that, as a matter of established Supreme Court authority, a second opportunity at the stage of punishment is not part of the general principles of natural justice in ordinary disciplinary cases; principles of natural justice, although a facet of Article 14, may be lawfully excluded in particular classes of cases where there is a reasonable classification and nexus with statutory purpose.
  • With respect to the Supreme Court decision in Union of India v. Mohamed Ramzan Khan (20 November 1990), the Court applied that decision prospectively: punishments imposed before 20 November 1990 are not open to challenge on the ground that inquiry reports were not furnished; punishments imposed on or after that date may have to be re-opened in light of that decision (as described in the opinion quoted by this Court).

Note: This summary is restricted to the content of the provided opinion and does not add information beyond what the opinion itself states.

    Padmanabhan v. Kerala State Handloom Development Corporation, Ltd.

    The Judgment of the Court was delivered by

    Jagannatha Rao, C.J:— This is an appeal preferred by the writ-petitioner against the judgment of the learned Single Judge dismissing the writ petition. The question related to the validity of the disciplinary action taken against the appellant and the order of dismissal from service, Exhibit P6, dated 7 September, 1987.

    2. The appellant was formerly the Finance Manager of the Kerala State Handloom Development Corporation, Ltd., Cannanore, and was holding the said post till 10 September, 1987 when the above said order of dismissal was passed. A domestic enquiry was earlier conducted by the third respondent enquiry officer, who was a practising lawyer. There were, in all, 19 charges against the appellant out of which 17 were held to be proved. In this appeal before us, the same points which were urged before the learned Single Judge are again urged.

    3. The following points arise for consideration:

    “(a) Whether, the regulations applicable to the officers of the corporation contemplated second opportunity in regard to the ‘action’ proposed to be taken by the disciplinary authority and, therefore, the copy of the inquiry report should have been furnished?

    (b) Whether a second opportunity against the ‘action’ to be taken or the ‘punishment’ to be awarded is part of general principles of natural justice applicable to all disciplinary actions other than those governed by Art. 311(2) (as it stood before 1976) of the Constitution of India?

    (3) Whether principles of natural justice are a facet of Art. 14 of the Constitution of India after the Delhi Transport Corporation v. Delhi Transport Corporation Mazdoor Congress [1991 — I L.L.N 613], and enquire a second opportunity to the officer of the corporation at the stage of punishment by way of furnishing a copy of the inquiry report?

    (4) Whether after the decision in Union of India v. Mohamad Ramzan Khan [1991 — I L.L.N 380], rendered on 20 November, 1990 requiring copy of the inquiry report to be furnished in cases of Government servants applies only to cases of punishments awarded after 20 November, 1990, even if it applied to the cases of the officer of the Corporation?

    (5) Whether the other irregularities alleged by the officer are proved and violate the order of punishment?”

    4. Point 1: The appellant is an officer of the Kerala State Handloom Development Corporation, Ltd. It was registered as a company under the Indian Companies Act, 1956. It is a State owned company.

    5. The regulation relating to the disciplinary inquiry is contained in Para 4.17 which deals with penalties. Sub-clause (i) enumerates the various penalties that could be imposed on any employee. Sub-clause (ii) deals with the procedure for inquiry and punishment and reads as follows:

    “(ii) No employee shall be subjected to the penalties in Cls. (a) to (f) of sub-regulation (i) of this regulation except by an order in writing signed by the Managing Director or any other officer empowered for the purpose and no such order shall be passed without the charges being formulated in writing and given to the employee so that he shall have reasonable opportunity to answer them in writing or in person as he prefers, and in the latter case, his defence may be taken down in writing and read to him:

    Provided that the requirements of this sub-regulation may be waived if the facts on the basis of which action is to be taken have been established in a Court of law or where the employee has absconded or it is for any other reason impracticable to communicate with him where there is difficulty in observing them and the requirements be waived without injustice to the employee. In every case where all or any of the requirements of this sub-regulation are waived reasons for so doing shall be recorded in writing:

    Provided further that the final orders under item (i) of sub-regulation (i) shall be passed only by the appointing authority.”

    6. It will be noticed that the regulation contemplates only one opportunity in relation to proof of the charges and no second opportunity is contemplated requiring a show-cause notice as to the “action” that is proposed to be taken. We are, therefore, of the view that as far as the regulations are concerned, they do not contemplate that there should be a second opportunity as to the proposed punishment by way of furnishing the inquiry officer's report and calling for further explanation. Point I is held against the appellant.

    7. Point 2 and 3: Our decision on these two points has also to be read along with our decision on point 4. It was argued for the appellant that a second opportunity at the stage of imposition of punishment is a natural corollary to every case of punishment for misconduct and that, therefore, such second opportunity need not be expressly stated in regulations but could be implied.

    8. In our view, this contention is untenable and contrary to the law laid down by the Supreme Court as early as in 1969 in Suresh Koshy George v. University of Kerala [A.I.R 1969 S.C 198]. While dealing with the case of a student against whom action was taken for misconduct, the Supreme Court observed that there prevailed an erroneous impression in certain quarters, evidently influenced by the provisions of the unamended Art. 311(2), (i.e, as it stood before 1976), that every disciplinary proceeding must consist of two inquiries — one before issuing a show-cause notice to be followed by another inquiry before the punishment. It was observed:

    “Such is not the requirement of the principles of natural justice. Law may or may not prescribe such a course.”

    9. A similar question arose in Sahranpur Light Railway Company v. Workers union [A.I.R 1969 S.C 513.] In Para 18 of the said decision it is stated that “neither the ordinary law of the land, nor the industrial law” required an employer to give a second show-cause notice at the stage of punishment. It was pointed out that Art. 311(2) (before amendment) requiring such second show-cause notice was the only case where such a requirement was held necessary. They observed that “to import such a requirement from Art. 311 in industrial matters” does not appear to be either necessary or proper and would be equating industrial employees with civil servants and that “there was no justification on any principle for such equation.” The above decision was followed by the Supreme Court in Associated Cement Company, Ltd. v. T.C Shrivastava [1984 — II L.L.N 36]. It was reiterated that ‘neither under the ordinary law nor the industrial laws’ second opportunity to show cause against the proposed punishment was necessary. The Court then considered Para 7, at page 39 of the standing order 17 in that case which read:

    “all dismissal orders shall be passed by the Manager … after giving accused an opportunity to offer any explanation.”

    (emphasis supplied)

    and held that:

    “on a plain reading of the relevant words, no second opportunity of showing cause against the proposed punishment” was contemplated, either “expressly or by necessary implication.”

    10. The above said view, and in fact, the decisions in Suresh Koshy George v. University of Kerala [A.I.R 1969 S.C 198] and Associated Cement Companies, Ltd. v. T.C Shrivastava [1984 — II L.L.N 36] (vide supra), have been accepted by the Constitution Bench of the Supreme Court in Union of India v. Tulsiram Patel [1985 — II L.L.N 488], and again in Delhi Transport Corporation v. Delhi Transport Corporation Mazdoor Congress [1991 — I L.L.N 613] (vide supra), the last case being the one vehemently relied upon for the appellant.

    11. Tulsiram Patel case [1985 — II L.L.N 488] (vide supra), dealt with punishments awarded to Government servants under the second proviso to Art. 311(2) which, in three types of cases, dispenses with the inquiry under Art. 311(2). It will be noted that before the Forty-second Amendment of 1976, a second opportunity against the proposed punishment was necessary, and the position was the same under S. 240(3) of the Government of India Act, 1935, as interpreted by the Privy Council in High Commissioner for India v. I.M Lal [A.I.R 1948 P.C 121]. In the 1976 Amendment, while dispensing with the second opportunity, the first proviso to Art. 311 (2) specifically stated that “it shall not be necessary to give such person any opportunity of making representation on the penalty proposed.” The Supreme Court in Tulsiram Patel case (vide supra), considered the history of Art. 311 and coming to the exclusion of any inquiry in cases falling under Cl. (a), (b) and (c) of the second proviso to Art. 311, held that no inquiry could be implied by invoking principles of natural justice when they were specifically excluded. In that context, reference was made to Maneka Gandhi case [(1978) 1 SCC 248 : A.I.R 1978 S.C 597], and to the observation therein that natural justice was a facet of Art. 14 and it was held that when even a single opportunity was expressly excluded in the three cases covered by the second proviso to Art. 311 (2), the same could not be brought in by the side-wind by resorting to principles of natural justice. In that context, the Supreme Court referred to Suresh Koshy George v. University of Kerala [A.I.R 1969 S.C 198] and Associated Cement Company, Ltd. v. T.C Shrivastava [1984 — II L.L.N 36] (vide supra), with approval when they stated that second opportunity was not part of the law of the land nor the industrial law.

    12. Even in Delhi Transport Corporation v. Delhi Transport Corporation Mazdoor Congress [1991 — I L.L.N 613] (vide supra), the Supreme Court approved the principle in Suresh Koshy George v. University of Kerala (vide supra) and in Associated Cement Company, Ltd. case, (vide supra). In Delhi Transport Corporation case (vide supra) the Court was concerned with the question of termination of services of the “permanent” employees of the Delhi Transport Corporation, which was a statutory body formed and established under the Delhi Road Transport Act, 1950 (as amended in 1971), and the statutory regulation 9(b) in the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952. Regulation 9(b) permitted termination without any inquiry, i.e, even if the cases did not relate to the probation period, misconduct, specific period of appointment, contract. Only one month's notice or pay in lieu thereof was contemplated in cases falling under regulation 9(b). The majority struck down regulation 9(b) as being arbitrary and violative of Art. 14 of the Constitution of India, as it did not conform to principles of natural justice. It was observed that the right of Government companies and public corporations which are State instrumentalities under Art. 12, that employees cannot be governed by the general principle of master and servant as to unrestricted power of termination. Even so, the decisions of the Court in Suresh Koshy George case [A.I.R 1969 S.C 198] (vide supra) and Associated Cement Companies, Ltd. case [1984 — II L.L.N 361 (vide supra), were approved and distinguished by the Constitution Bench: The law laid down in those two cases that a second opportunity at the stage of punishment was not part of the general principles of natural justice as explained in Maneka Gandhi case [(1978) 1 SCC 248 : A.I.R 1978 S.C, 597] (vide supra), was accepted. This is clear from Para 96 of the Delhi Transport Corporation case (vide supra), wherein it is observed:

    “.. now a Government servant has no right to make any representation against the penalty proposed to be imposed upon him, but, as pointed out earlier, in the case of Suresh Koshy George v. University of Kerala [A.I.R 1969 S.C 198] (vide supra), such an opportunity is not the requirement of the principles of natural justice and as held in Associated Cement Companies, Ltd. v. T.C Shrivastava [1984 — II L.L.N 36] (vide supra), neither the ordinary law of the land nor industrial law requires such an opportunity to be given.”

    The Court also pointed out in Para 97 that the principles can be adopted and modified by statute and statutory rules to suit different situation.

    13. Principles of natural justice are a facet of Art. 14, but they can be excluded either expressly or by implication in a special class of cases if such exclusion has nexus with the purpose of the Act or rules. Article 14 does certainly permit reasonable classification and there could be cases where principles of natural justice could be excluded expressly or by implication. This is clear from the observations of the Supreme Court in Union of India v. Col. J.N Sinha [(1970) 2 SCC 458 : A.I.R 1971 S.C 40], a case of compulsory retirement, where it was observed:

    “But, on the other hand, a statutory provision either specifically or by necessary implication excludes the application of any or all the principles of natural justice, then the Court cannot ignore the mandate of the Legislature or the statutory authority and read into it the concerned provision of natural justice. Whether the exercise of a power conferred should be made in accordance with any of the principles of natural justice or not, depends upon the express words of the provision conferring the power, the nature of the power conferred, the purpose for which it is conferred and the effect of the exercise of that power.”

    This ruling which permits exclusion of principles of natural justice in certain types of cases, is also approved in Tulsiram Patel case. [1985 — II L.L.N 488] (vide supra) (See Para 99 at page 541) and also in Delhi Transport Corporation case [1991 — I L.L.N 613] (vide supra), (see Paras. 152 and 155, at pages 668 and 69) The decision in J.N Sinha case (vide supra), is followed recently in Baikuntha Nath Das v. Chief District Medical Officer [1992 — I L.L.N 902], in the case of compulsory retirement of public servant.

    14. The point to be noticed is that both Tulsiram Patel case [1985 — II L.L.N 488] (vide supra) and Delhi Transport Corporation case [1991 — I L.L.N 613] (vide supra), were concerned with a situation of no inquiry at all, that is to say, not even a single opportunity being given, In the former case, such exclusion in the three cases referred to in the second proviso to Art. 311(2) was upheld because of the specific provision therein. In the latter case, the Delhi Transport Corporation Regulation 9(b) permitting termination without inquiry was struck down as arbitrary and violative of Art. 14. But both rulings accept-referring to Suresli Koshy George case [A.I.R 1969 S.C 198] (vide supra) and Associated Cement Companies, Ltd. case [1984 — II L.L.N 36] (vide supra), that a second opportunity at the stage of punishment is not part of the law of the land and is not a necessary requirement of principles of natural justice. Even a single opportunity could be excluded if there was nexus with the object of the statutory rule or provision in a given distinct class of eases and this is not violative of Art, 14. This is so even though principles of natural justice are a facet of Art. 14.

    15. We, therefore, hold on point 2 that a second opportunity against proposed “action” or “punishment” is not part of the general principles of natural justice as applicable to disciplinary cases. We further hold on point 3 that even though principles of natural justice are a facet of Art. 14, and one opportunity is generally necessary before imposition of punishment, a second opportunity by way of furnishing inquiry report is not contemplated even by the decision of the Supreme Court in Delhi Transport Corporation v. Delhi Transport Corporation Mazdoor Congress [1991 — I L.L.N 613] (vide supra). Here one opportunity is provided clearly. While principles of natural justice may be a facet of Art. 14, on the same basis, in certain cases falling under a reasonable classification, if principles of natural justice are excluded. Art. 14 cannot be said to be violated. Points 2 and 3 are found against the appellant. This finding has to be read in conjunction with our finding on point 4 below.

    16. Point 4: We shall now come to the point raised on the basis of Union of India v. Mohamed Ramzan Khan [1991 — I L.L.N 380] (vide supra), decided on 20 November, 1990.

    17. Before referring to the above said judgment, we have to point out that in 1987, long after the Constitution (Forty-second) Amendment, 1976, dispensing with the second opportunity under Art. 311(2) at the stage of imposing punishment, the Supreme Court had to consider the question whether by virtue of principles of natural justice, a copy of the inquiry report was to be furnished to the delinquent employee. A.P Sen and M.M Dutt, JJ., dealt with this very question in Secretary, Central Board of Excise and Customs v. K.S Mahalingam [1988 — II L.L.N 97], and held that there was no question of any second opportunity after the Forty-second Amendment. They referred [See Para 9, at page 1920] to the judgment of the Five-Judges Bench in Union of India v. Tulsiram Patel [1985 — I L.L.N 488] (vide supra), and stated that that was the view of the majority in that case. Thereafter M.B Thakkar and N.D Ojha, JJ, in Union of India v. B. Bhasyham [1989 — I L.L.N 201], thought that the correctness of Secretary, Central Board of Excise and Customs v. K.S Mahalingam (vide supra), should be decided by a larger Bench. It was at that stage that the same question came up for consideration in Union of India v. Mohamed Razan Khan [1991 — I L.L.N 380] (vide supra), before a three-Judge Bench.

    18. Mohamed Ramzan Khan case [1991 — I L.L.N 380] (vide supra), is again the one arising under Art. 311(2) of the Constitution of India after the Forty-second Amendment. The Court took the view that the punishing authority was likely to be influenced by the report of inquiry officer and, therefore, the delinquent employee was entitled to a copy of the report of the inquiry officer. Reference was made in that connection to the judgment of three Judges in State of Gujarat v. R.G Teredesal [(1969) 2 SCC 128 : A.I.R 1969 S.C 1294], for the above said proposition.

    19. It is, however, pointed out for the respondent employer that in Mohamed Ramzan Khan case [1991 — I L.L.N 380] (vide supra), no reference was made to Tulsiram Patel case [1985 — II L.L.N 488] (vide supra), which affirmed Suresh Koshy George case [A.I.R 1969 S.C 198] (vide supra) and Associated Cement Companies, Ltd. case [1984 — II L.L.N 36] (vide supra), which held that a second opportunity was not part of principles of natural justice. It is also pointed out that even in Delhi Transport Corporation case [1991 — I L.L.N 613] (vide supra), decided by Five Judges on 4 September, 1990 (two months before Mohamed Ramzan Kltan case), the Supreme Court approved Suresh Koshy George case and Associated Cement Companies, Ltd. case (vide supra), Teredesai case [(1969) 2 SCC 128 : A.I.R 1969 S.C 1294] (vide supra), relates to a punishment before 1976.

    20. We need not go into the above aspects inasmuch as in Mohammed Ramzan Khan case [1991 — I L.L.N 380] (vide supra), the Court categorically laid down that their decision that public servants should be furnished with the inquiry reports as part of compliance with principles of natural justice under Art. 311(2) would apply only prospectively. This is clear from Para 17 of the said judgment which reads as follows:

    “There have been several decisions in different High Courts which, following the Forty-second Amendment, have taken the view that it is no longer necessary to furnish a copy of the inquiry report to the delinquent officers. Even on some occasions, this Court has taken that view. Since we have reached a different conclusion, the judgments in the different High Courts taking the contrary view must be taken to be no longer laying down good law. We have not been shown any decision of a co-ordinate or a larger Bench of this Court taking this view. Therefore, the conclusion to the contrary reached by any two-Judge Bench in this Court will also no longer be taken to be laying down good law but this shall have prospective application and no punishment imposed shall be open to challenge on this ground.”

    That would mean that if any punishment was imposed in respect of a public servant governed by Art. 311(2) before 20 November, 1990, the punishment would be valid, notwithstanding the fact that the inquiry officer's report was not furnished to the delinquent employee. If, however, the punishment of the Government servant was on or after 20 November, 1990, the matter will have to be re-opened. Point 4 is held accordingly.

    21. Point 5: The contentions regarding irregularities in the course of the inquiry before the inquiry officer have been dealt with in great detail by the learned Single Judge. We agree with him. But inasmuch as some of then have again been raised before us, we shall refer to them.

    22. One of the arguments for the appellant was that after the management examined MWs. 1 and 4, they examined MW5 and marked Exhibits M. 38-C and 39 to 42. It is said that the appellant requested the inquiry officer to recall MWs. 1 and 4 for cross-examination and that this was not done. The answer to this contention is that these documents were marked by consent. The endorsement is “no objection to marking without examining the signatory.” This objection raised now cannot be accepted in view of the judgment of three-Judge Bench of the Supreme Court in P.C Purushothama Reddiar v. S. Perumalrespondent [(1972) 1 SCC 9 : A.I.R 1972 S.C 608], it is held that it is not open to a party to object to the right of the opposite party to rely on a document which is marked without any objection. The decision of the Privy Council in Bhagat Ram v. Khetu Ram [A.I.R 1929 P.C 100], was followed. As to the contents are concerned, it was stated in the same judgment:

    “Once a document is properly admitted, the contents, of that document are also admitted in evidence though those contents may not be conclusive evidence.”

    In that view of the matter, the decision in Barielly Electric Supply Corporation v. Workmen [A.I.R 1972 S.C 330], cannot help the appellant. There, the matter related to the proceedings before an Industrial Tribunal relating to bonus and to the evidentiary value of a balance sheet. No question of admissibility of contents of a document admitted by consent arose. The case is clearly distinguishable. It has also been held that mere absence of a right of cross-examination does not vitiate a domestic enquiry, when there is no proof of any prejudice: K.L Tripathi v. State Bank of India, [1984 — I L.L.N 19].

    23. Similarly, the grievance that the Managing Director was not examined by the management, even though cited as a witness, cannot stand. The Managing Director sought permission of Government to appear in the inquiry and in the meantime, the time fixed by this Court for completion of inquiry was expiring. Again, as pointed out by the learned Single Judge, the objection that the inquiry officer did not summon certain witness is cannot stand because inquiry officer has no power to summon witnesses: See Tata Oil Mills, Ltd. v. Its workmen [1964 — II L.L.J 113] and Tata Engineering and Locomotive Company, Ltd. v. Prasad [1969 — II L.L.J 799.] Yet another point is that MW2 cross-examination was not allowed to be cross-examined fully. The management had to give him up as he did not turn up for evidence on dates of adjournment. The learned Judge held that no prejudice was caused to the appellant because, according to the inquiry officer, “his evidence in chief to the extent not subjected to cross-examination has to be discarded.” The further submission that this is a vague statement made by the inquiry officer cannot be accepted. The learned Single Judge found that there is no proof of any prejudice to the appellant on this ground. We do not also think that there is any merit in the plea of non-supply of copies of depositions. The appellant was noting down the gist of evidence then and there. This cannot be placed on the footing of non-supply of material documents. As to non-supply of copies of two documents, relating to evidence, we agree with the view of the learned Single Judge that one was marked by the appellant himself, and the other was not relevant. In the result, we agree that no irregularities are proved which can be said to have caused prejudice to the appellant. We hold point 5 against the appellant,

    24. In the result, the writ appeal is dismissed.

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