State of UP and Ors.v. Saroj Kumar Sinha AIR 2010 SC 3131

Constitution of India, 1949
Art. 311 (2) :Dismissal or removal -Disciplinary enquiry – Documents furnishing foundation of charge sheet must be supplied- Principle of natural justice is violated – Dismissal was held to be not vald .

Departmental enquiry conducted against the Government servant cannot be treated as a casual exercise. The rules of natural justice are required to be observed to ensure not only that justice is done but is manifestly seen to be done. Documents forming foundation of charge sheet must be supplied. The Government employee facing a departmental enquiry is entitled to all the relevant materials relied by the department, to enable him to have a reasonable opportunity to defend himself in the enquiry. The Court observed that the action of the enquiry officers in preparing the reports ex-parte without supplying the relevant documents has resulted n miscarraigae of justice  . Accordingly the order of the High Court is affirmed .