Ref: Memo. No.3056/61-1, GA. (Ser.C) Dept., dt. 27-11-61.
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With the Memo. cited, a copy of Government of India's
letter No.30/5/61-AVD, dated 26-8- 61 was communicated to all Heads of Departments,
Collectors etc., for information and guidance on the point of furnishing documents
asked for by a Government servant involved in a departmental enquiry. In para 7
of this letter, it was clarified that the Government servant concerned should be
given access to the statements of such of the witnesses as were examined in the
preliminary enquiry or investigation made by the police and as are proposed to be
examined in proof of the charges or the facts stated in the statement of allegations.
2. The question whether the requirements of Article 311 (2) of the Constitution of India to provide a reasonable opportunity to the delinquent officer would be satisfied if a synopsis of the statements of the witnesses examined during investigation or preliminary enquiry in respect of charges levelled against the Government servant were furnished to him has come up for consideration before the Supreme Court in State of Punjab vs. Bhagat Ram (A.I.R. 197 4 SC 2335). The Supreme Court held as follows –
"The meaning of
providing a reasonable opportunity of showing cause against the action proposed
to be taken is that the Government servant is afforded a reasonable opportunity
to defend himself against charges on which the enquiry is held. The Government servant
should be given an opportunity to deny his guilt and establish his innocence. He
can do so when he is told what the charges against him are. He can do so by cross
examination the witnesses produced against him. The object of supplying statements
is that the Government servant will be able to refer to the previous statements
of the witnesses proposed to be examined against the Government servant. Unless
the statements are given to the Government servant, he will not be able to make
an effective and useful cross-examination".
3.
For those reasons the Supreme Court considered that it would be unjust and unfair
to deny a Government servant copies of statements of witnesses examined during investigation
and produced at the Inquiry in support of the charges levelled against him and that
the supply only of a synopsis does not satisfy the requirement of giving the Government
servant a reasonable opportunity of showing cause against the action proposed to
be taken.
4. The Heads of departments, Collectors etc., are requested to keep in mind the above observation of the Supreme Court in conducting disciplinary enquiries and to communicate a copy of this Memo. to all disciplinary authorities working under them for their guidance and necessary action.
