Non Supply of Copy of Enquiry Report to the Delinquent Employee whether Fatal ?
By
K. K. Tiwari
In its ineffable reputation as a definer, vigilant and ultimate protector of the right of the employee/workmen the Supreme Court of India by its landmark judgment in the case of Union of India v. Mohd. Ramzan Khan AIR 1991 SC 471 : 1991 Lab IC 308 has unleashed a controversy about the potential question whether the ratio decidendi of this jugment applies equally to both employees in the Government and those employed in the Industries in Public and Private Sector on whom sub-article (2) of Art. 311 does not apply.
While disposing of a batch of appeals the Supreme Court observed :
"We make it clear that wherever there has been any inquiry officer and he has furnished the report to the disciplinary authority at the conclusion of the enquiry holding the delinquent guilty of all or any of the charges with proposal for any punishment or not, the delinquent is entitled to make a representation against it, if he so desired, and non furnishing of the report would amount ....