Punjab & Haryana High Court, Chandigarh
Citation(1993) 4 SCC 727
CourtSupreme Court of India (Constitution Bench)
Date11 November 1993
Year1993
BenchM.N. Venkatachaliah CJ, J.S. Verma, A.M. Ahmadi, G.N. Ray, A.S. Anand JJ.
Acts/ArticlesArticle 14, Article 311
CategoryConstitutional Law, Service & Employment Law

Key Principle Established

Non-supply of inquiry report before imposing punishment in departmental proceedings violates principles of natural justice. The delinquent employee has a right to receive the inquiry report before the disciplinary authority passes final order.

Brief Facts

Employees of Electronic Corporation of India Ltd. were dismissed based on inquiry reports that were never supplied to them before the final order of punishment.

Ratio Decidendi

The Constitution Bench held:

  • The inquiry report must be supplied to the delinquent employee before the disciplinary authority passes the final order
  • Non-supply of inquiry report is a violation of principles of natural justice
  • However, the remedy is not automatic reinstatement — the matter is remitted for fresh consideration after supplying the report
  • If the employee is exonerated on reconsideration, full back wages are payable

Impact & Significance

This Constitution Bench decision is the definitive authority on supply of inquiry report in departmental proceedings. It has changed the practice across all government departments and is cited in every disciplinary proceeding challenge.

Tags & Related Topics

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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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