IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No.:3070/2008 Decided on:31.3.2009 Piare Lal. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting ?1. yes. For the petitioner : Mr. D.P. Gupta, Advocate vice Mr. K.D. Shreedhar, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Vikas Rathore, Deputy Advocate General. Rajiv Sharma, J. (Oral) The disciplinary proceedings were initiated against the petitioner under rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 vide Annexure A-1. The Inquiry Officer was appointed. He submitted the report to the disciplinary authority dated 23.12.1994. The disciplinary authority imposed the following penalty on the petitioner on 16.5.1995; “In view of the above findings, I in the capacity of disciplinary authority in this case order that out of the total loss of Rs. 34,594/- sustained to Govt. part loss amounting to Rs. 24,720/- be made good from Sh. Piare 1 Whether the reporters of Local Papers may be allowed to see the judgment? yes. 2 Lal, Dy. Ranger the then B.O. Chandi of Kunihar Forest Division. Further I order that one annual increment is stopped for a period of one year without cumulative effect of the Deputy Ranger. He prayed for the supply of the inquiry report and other documents vide Annexure A-4 on 5.6.1995. The prayer of the petitioner was rejected on 24.6.1995. In these circumstances the petitioner could not assail the order dated 16.5.1995 before the Appellate Authority. Mr. D.P. Gupta, Advocate has strenuously argued that it was necessary for the disciplinary authority to supply the copy of the inquiry report dated 23.12.1994 to the petitioner before the disciplinary authority could impose the penalty upon the petitioner. He has referred to Managing Director, ECIL, Hyderabad and others versus B. Karunakar and others, (1993) 4 SCC 727. He lastly contended that the petitioner has been seriously prejudiced by the non-supply of the inquiry report, rather according to him, the copy has not been supplied to the petitioner even for the purpose of filing the appeal. This settled position is not disputed by the learned Senior Additional Advocate General, however, his submission is that since the minor penalty has been imposed upon the petitioner under rule 15 (3) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the copy of the inquiry report was not required to be supplied to the petitioner. I have heard the learned counsel for the parties and perused the record carefully. It is a case where the petitioner was departmentally proceeded against under rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The Inquiry Officer has submitted the report on 23.12.1994. The copy of the inquiry report was not supplied to the petitioner and penalty, as discussed hereinabove, was imposed upon the 3 petitioner. His prayer for the supply of the copy of the inquiry report was turned down on 24.6.1995. It is settled law by now that before the Disciplinary Authority decides to impose the penalty he has to supply the inquiry report to the delinquent to enable him to make representation to point out shortcomings/deficiencies and infraction of any rules while holding inquiry against him. In the present case since there is violation of the principles of natural justice, the petitioner has been seriously prejudiced by non-supply of the inquiry report dated 23.12.1994. He has also been prevented from filing the statutory appeal under the Central Civil Services (Classification, Control and Appeal) Rules, 1965. Accordingly, in view of the definitive law laid down by their Lordships of the Hon’ble Supreme Court, the petition is allowed. Annexure A-3 is quashed and set aside. However, the liberty is reserved to the respondent-State to proceed against the petitioner from the stage of supplying him the copy of the inquiry report. There will, however, be no order as to costs. 31.3.2009 (Rajiv Sharma ), J. *awasthi*