Thus, apparently the respondents had devised to proceed against the petitioner not only ex-parte but clandestinely, which is violative of the 'Principle of Natural Justice and fair play'. As has been ruled by Hon'ble Supreme Court in Union of India & Ors. vs. Dinanath Shantaram Karekar & Ors.: MANU/SC/0545/1998 : AIR 1988 SC 2722, that in the absence of actual service of the charge sheet, the entire proceedings are vitiated. The relevant excerpt of the judgment dated 30.07.1998 read as under:
"Where the services are terminated, the status of the delinquent, as a Government servant, comes to an end and nothing further remains to be done in the matter. But if the order is passed and merely kept in the file, it would not be treated to be an order terminating services nor shall the said order be deemed to have been communicated. Where the disciplinary proceedings are intended to be initiated by issuing a charge sheet, its actual service is essential as the person to whom the charge sheet is issued is required to submit his reply and, thereafter, to participate in the disciplinary proceedings. So also, when the show-cause notice is issued, the employees is called upon to submit his reply to the action proposed to be taken against him. Since in both the situations, the employee is given an opportunity to submit his reply, the theory of "Communication" cannot be invoked and "Actual Service" must be proved and established. It has already been found that neither the charge sheet not the show cause notice were ever served upon the original respondent, Dinanath Shantaram Karekar, consequently, the entire proceedings were vitiated."
IN THE HIGH COURT OF DELHI
W.P. (C) 13901/2018
Decided On: 05.11.2019
Anju Bala Vs. Gail (India) Limited and Ors.
Hon'ble Judges/Coram:
Suresh Kait, J.
