The single-judge bench of the Andhra Pradesh High Court held that when the Officials intend to initiate disciplinary proceedings, the delinquent employee, as a matter of right, is entitled to be supplied with every piece of material document which the Respondent Authorities intend to consider and pitch against the Writ Petitioner.
Brief facts
The factual matrix of the case is that the Respondent issued the show cause notices to the Petitioner as to why the disciplinary proceedings could not be initiated against the Petitioner. Furthermore, the impugned order bearing references was passed in which the Respondents after being dissatisfied with the explanation given by the Writ Petitioner decided to suspend the Petitioner.
Contentions of the Petitioner
The Petitioner submitted that the Writ Petitioner was not supplied with any of the documents that are mentioned as References in the impugned order. It was furthermore submitted that the Petitioner can only offer an explanation on the basis of the material supplied to him.
Observations of the Court
The Hon’ble court observed that The delinquent employee has a right to receive all relevant documents that the Respondent Authorities intend to review and use against the Writ Petitioner when the Officials decide to start disciplinary action. Consequently, the Respondent Authorities are required by law to provide all the incriminating evidence that they plan to use against the Writ Petitioner.
The court noted that none of the materials indicated in the references in the impugned order were supplied to the Writ Petitioner.
Based on these considerations, the court set aside the impugned order. However, the court granted liberty to the Respondent/authorities to initiate fresh proceedings subject to adherence to the indispensable condition to supply every piece of incriminating material which the Respondent Authorities intend to rely upon to the Writ Petitioner.
The decision of the court
With the above direction, the court allowed the Writ Petition.
Case title: M. Nagesh V. The State of Andhra Pradesh
Coram: Hon’ble Mr. Justice Gannamaneni Ramakrishna
Case No.: WRIT PETITION NO: 7794/2024
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