The case of Union of India v. K.V. Jankiraman, decided by the Supreme Court of India in 1991, is a landmark judgment that clarified the scope and applicability of the principle of natural justice in departmental inquiries.
The facts of the case were that the respondent, Mr. K.V. Jankiraman, was a government employee who was facing disciplinary proceedings
for alleged misconduct. The disciplinary proceedings were initiated against him without giving him a copy of the inquiry report, which had been prepared by the inquiry officer. The respondent challenged the validity of the inquiry on the ground that he was denied a fair opportunity to defend himself.
The issue before the Supreme Court was whether the denial of a copy of the inquiry report to the respondent amounted to a violation of the principles of natural justice.
The Supreme Court held that the principles of natural justice require that a copy of the inquiry report should be given to the delinquent employee. The Court observed that the inquiry report is a vital document that contains the findings of the inquiry officer, and it enables the delinquent employee to understand the case against him and to prepare his defense accordingly.
The Court also held that the denial of a copy of the inquiry report amounted to a violation of the principles of natural justice, which would render the inquiry null and void.
In this case, the Supreme Court further clarified that the principles of natural justice require that a delinquent employee must be given an opportunity to cross-examine the witnesses who have given evidence against him. The Court held that the right to cross-examination is a valuable right, and it is an essential ingredient of a fair inquiry.
The Supreme Court also laid down the principle that the disciplinary authority cannot rely on the statements of witnesses who have not been cross-examined by the delinquent employee. The Court held that such statements are hearsay evidence, and they cannot be relied upon to establish the guilt of the delinquent employee.
Overall, the judgment in Union of India v. K.V. Jankiraman clarified the scope and applicability of the principles of natural justice in departmental inquiries. The judgment emphasized the importance of giving a copy of the inquiry report to the delinquent employee and the right to cross-examination. It also clarified that hearsay evidence cannot be relied upon to establish the guilt of the delinquent employee.
