Employees Are Entitled To Enquiry Reports Even If It Is Not Provided For In The Rules: Jammu & Kashmir High Court

The Hon’ble Jammu and Kashmir High Court in SWP No. 2900/2016 emphasized the importance of providing employees facing disciplinary actions with a copy of the enquiry report even if the rules governing disciplinary proceedings do not explicitly provide for the same.

This ruling is in line with the previous Supreme Court judgement in the case of Union of India and others v Mohd Ramzan Khan1991 AIR 471, where it was established, that delinquent employees should have access to the report when the enquiry officer finds them guilty of charges.

Further, it was observed that this principle applies to all types of employees whether in government, non-government, public, or private sectors, even if the disciplinary rules do not specifically mention it. The employee must receive the report of the enquiry to have the opportunity to respond before the Disciplinary Authority regardless of the potential punishment.