Doctrine of Prospective Application : The Judgment in the Case of Mohd. Ramzan Khan
By
J. T. Trivedi
,
Himanshu. J. Trivedi
The judgment of the Supreme Court in Union of India v. Mohmed Ramzan Khan, reported in AIR 1991 SC 471 lays down that the delinquent is entitled to a copy of the report of the Inquiry Officer and to make a representation, when it is proposed to punish him on the basis of the report and the non-supply of the report amounts to denial of the rules of natural justice. Of course, when the Inquiry Officer and the Disciplinary Authority are the same, there is no need for supplying the copy of the report of the Inquiry Officer to the delinquent. The judgment does away with the deleterious effect of the Forty-second amendment of the Constitution of India. The judgment is to be considered by a larger Bench of the Supreme Court, as it does not consider the one in the case of Kailash Chander Asthana v. State of U. P. reported in AIR 1988 SC 1338. But it is not the subject matter of the present article, which attempts to deal with another aspect of the said judgment.
The judgment lays do ....