Managing Director Ecil Hyderabad Etc. ... vs B. Karunakar Etc. Etc on 1 October, 1993
(2008) 2 SCC (L&S) 789] , at pp. 38 and 39 where the Court held
as under : (SCC para 21)
'21. From the ratio laid down in B. Karunakar [ECIL v. B.
Karunakar, (1993) 4 SCC 727 : 1993 SCC (L&S) 1184] it is
explicitly clear that the doctrine of natural justice requires supply
of a copy of the enquiry officer's report to the delinquent if such
enquiry officer is other than the disciplinary authority. It is also
clear that non-supply of report of the enquiry officer is in breach
of natural justice. But it is equally clear that failure to supply a
report of the enquiry officer to the delinquent employee would not
ipso facto result in the proceedings being declared null and void
and the order of punishment non est and ineffective. It is for the
delinquent employee to plead and prove that non-supply of such
report had caused prejudice and resulted in miscarriage of justice.