Union Of India & Ors vs S.K.Kapoor on 16 March, 2011
12. We may refer to the legal issue of non supply of the UPSC advice/report dated 23.02.2010 on the matters of disciplinary case and the said advice has been enclosed admittedly along with the impugned penalty order. It is trite law that when the Disciplinary Authority relies on the advice of UPSC, a copy of the said report needs to be supplied to the delinquent official; receive the representation thereon and on consideration of all the facts decide the matter as to whether the delinquent official deserves to be exonerated or imposed penalty. In this context, it is well settled principles of natural justice that if any material is to be relied upon in a disciplinary case, a copy of the same must be given in advance to the delinquent officer in order to provide him an opportunity to rebut. In the present case, the Disciplinary Authority has relied heavily on the report of UPSC but a copy of the said report was not made available to the applicant in advance. Hence, such an omission is violation of the principles of natural justice and the penalty order is liable to be quashed. We draw our strength from the latest judgment of Honble Supreme Court in the case of Union of India & Others versus S. K. Kapoor [2011 STPL (Web) 277 SC] wherein the following law was laid:-