1991 INSC 0132
                                                S. P. Viswanathan (I)

                                                           Vs

                                             Union of India and Others

                                          Writ Petition No. 145 of 1989

                                          (P. B. Sawant, K. N. Singh JJ)

                                                      06.03.1991

                                                        ORDER

1. By this petition under Article 32 of the Constitution the petitioner has claimed relief for issue of a
writ of certiorari for quashing the order of termination dated December 6, 1989.

2. The petitioner was a railway employees posted as Commercial Clerk. Charges of misconduct
were framed against him and inquiry was held but he did not appear at the inquiry. Pursuant to the
inquiry report the disciplinary authority terminated his services. Hence this petition.

3. Learned counsel for the petitioner urged that since a copy of the inquiry report was not supplied
to the petitioner the order of termination is vitiated. He placed reliance on the decision of this Court
in Union of India v. Mohd. Ramzan Khan [(1991) 1 SCC 588 : 1991 SCC (L&S) 612 : (1991) 16
ATC 505]. It is true that this Court has held that if inquiry report is not supplied to the delinquent
employee before passing the order of punishment, the order would be rendered illegal. But the
decision of this Court is given a prospective effect it will not affect the orders passed prior to the
date of rendering of the judgment (November 29, 1990) as would be clear from para 17 of the
judgment.

4. As regards other questions raised in the petition we find no merit in the same. We, accordingly,
dismiss the petition. There will be no order as to costs.

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