PETITIONER:
RAM KUMAR
Vs.
RESPONDENT:
STATE OF HARYANA
DATE OF JUDGMENT20/08/1987
BENCH:
DUTT, M.M. (J)
BENCH:
DUTT, M.M. (J)
MISRA RANGNATH
CITATION:
1987 AIR 2043 1987 SCR (3)1057
1987 SCC Supl. 582 JT 1987 (3) 357
1987 SCALE (2)340
ACT:
Civil Services: Departmental enquiry--Punishing
authority accepting finding of Enquiry Officer and reasons
in support of finding--Order of termination by a non-speak-
ing order--Whether valid.
HEADNOTE:
The service of the appellant, a bus conductor, was
terminated consequent upon the enquiry conducted into alle-
gations of non-issue of tickets to nine passengers, though
fare was collected from each of them. A suit filed by the
appellant, contending that the order of termination was
illegal and void and was opposed to the principles of natu-
ral justice, as no reason was given in the order, was dis-
missed by the trial court. It was also held that the Civil
Court had no jurisdiction to entertain and try the suit.
The Additional District Judge, on appeal, held that the
Civil Court had jurisdiction to entertain and try the suit
and set aside the impugned order of termination as invalid
as it was a non-speaking order not containing any reason.
In second appeal, the High Court affirmed the finding of
the Additional District Judge as to the jurisdiction of the
Civil Court, but set aside his finding that the impugned
order was a non-speaking order and held that it was quite
legal and valid.
In the appeal to this Court it was contended on behalf
of the appellant that the punishing authority had not ap-
plied his mind before passing the impugned order, which was
apparent from the fact that he had not given any reason in
justification thereof and this had vitiated the impugned
order of termination.
Dismissing the appeal, this Court,
HELD: When the punishing authority agrees with the
findings of the Enquiry Officer who accepts the reasons
given by him in support of such findings, it is not neces-
sary for the punishing authority to again
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discuss evidence and come to the same findings as that of
the Enquiry Officer and give the same reasons for the-find-
ings. [1060E]
In the instant case, it is difficult to say that the
punishing authority had not applied his mind. The punishing
authority has placed reliance upon the report of the Enquiry
Officer, which means he has not only agreed with the find-
ings of the Enquiry Officer but also accepted the reasons
given by him for the same. When the punishing authority has
accepted the findings of the Enquiry Officer and the reasons
given by him, the question of non-compliance with the prin-
ciples of natural justice does not arise. [1060E-F]
It cannot be said that the impugned order is not a
speaking order and is vitiated. [1060F]
[In view of the fact that it is the first offence of the
appellant, who is said to be the father of five minor chil-
dren and has no other means of livelihood, the respondent
may consider the re-employment of the appellant to the post
of Conductor or to any other post, to which he may be found
to be suitable.] [1060G-H]
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1870 of
1982.
From the Judgment and Order dated 2.9.1981 of the Punjab
and Haryana High Court in R.S.A. No. 1556 of 1980.
V.M. Tarkunde and Prem Malhotra for the Appellant.
S.C. Mohanta, Mahavir Singh and C.V. Subba Rao for the
Respondents.
The Judgment of the Court was delivered by
DUTT, J. In this appeal by special leave the appellant,
a Bus Conductor of the Haryana Roadways, has challenged the
validity of the order of termination of his service on the
ground of failure of the punishing authority to give any
reason for the impugned order in violation of the principles
of natural justice.
A charge was levelled against the appellant that he did
not issue tickets to nine passengers, although he had taken
the fare from each of them. A disciplinary proceeding was
started against the appellant. The
1059
Enquiry Officer, after considering the allegations consti-
tuting the charge, the plea of the appellant in defence and
the evidence adduced by the parties including the appellant,
held that the charge against the appellant was proved. The
punishing authority agreed with the findings of the Enquiry
Officer and by the impugned order terminated the service of
the appellant.
Aggrieved, the appellant filed a suit challenging the
legality of the order of termination. It was contended by
the appellant that as no reason was given in the impugned
order, it was illegal and invalid being opposed to the
principles of natural justice. The Trial Court overruled the
said contention and also held that the Civil Court had no
jurisdiction to entertain and try the suit. Accordingly, the
Trial Court dismissed the suit.
On appeal, the learned Additional District Judge held in
disagreement with the Trial Court and, in our opinion,
rightly that the Civil Court had jurisdiction to entertain
and try the suit. The learned Additional District Judge,
however, held that the impugned order was a non-speaking
order not containing any reason and, as such, it was in-
valid. In that view of the matter, the learned Additional
Judge allowed the appeal, set aside the judgment of the
Trial Court and the impugned order of termination of service
of the appellant and decreed the suit.
The State of Haryana took the matter to the High Court
in a second appeal. The High Court affirmed the finding of
the learned Additional District Judge as to the jurisdiction
of the Civil Court, but set aside his finding that the
impugned order was a non-speaking order. The High Court took
the view that the impugned order was quite legal and valid.
Upon the said findings. the High Court allowed the appeal
and set aside the judgment and decree of the learned Addi-
tional District Judge. Hence this appeal by special leave.
It has been urged by Mr. Tarkunde, learned Counsel
appearing on behalf of the appellant, that the punishing
authority has not applied his mind before passing the im-
pugned order, which is apparent from the fact that he had
not given any reason in justification of the impugned order.
Counsel submits that non-application of the mind and failure
to give any reason by the punishing authority vitiated the
impugned order of termination and, accordingly, it should be
set aside.
It has been pointed out by the High Court that the punishing
1060
authority has passed a lengthy order running into seven
pages mentioning therein the contents of the charge-sheet,
the detailed deposition of the witnesses, as accorded by the
Enquiry Officer, and the findings of the Enquiry Officer.
The explanation submitted by the appellant has also been
reproduced in the impugned order. Thereafter, the punishing
authority stated as follows:-
“I have considered the charge-sheet, the reply
filed to the charge-sheet, the statements made
during enquiry, the report of the Enquiry
Officer, the show cause notice, the reply
filed by the delinquent and other papers and
that no reason is available to me on the basis
of which reliance may not be placed on the
report of the Enquiry Officer. Therefore,
keeping these circumstances in view, I termi-
nate his service with effect from the date of
issue of this order.”
In view of the contents of the impugned order, it is
difficult to say that the punishing authority had not ap-
plied his mind to the case before terminating the services
of the appellant. The punishing authority has placed reli-
ance upon the report of the Enquiry Officer which means that
he has not only agreed with the findings of the Enquiry
Officer, but also has accepted the reasons given by him for
the findings. In our opinion, when the punishing authority
agrees with the findings of the Enquiry Officer and accepts
the reasons given by him in support of such findings, it is
not necessary for the punishing authority to again discuss
evidence and come to the same findings as that of the En-
quiry Officer and give the same reasons for the findings. We
are unable to accept the contention made on behalf of the
appellant that the impugned order of termination is vitiated
as it is a non-speaking order and does not contain any
reason. When by the impugned order the punishing authority
has accepted the findings of the Enquiry Officer and the
reason given by him, the question of non-compliance with the
principles of natural justice does not arise. It is also
incorrect to say that the impugned order is not a speaking
order.
There is, therefore, no substance in the appeal. The
appeal is dismissed. There will, however, be no order as to
costs.
In view of the fact that it is the first offence of the
appellant, who is said to be the father of five minor chil-
dren and has no other means of livelihood, the respondent
may consider the re-employment of the appellant to the post
of Conductor or to any other post, to which he may be found
to be suitable.
N.P.V. Appeal
dismiss.ed.
1061