Supreme Court confirms employers need not disclose preliminary inquiry reports not relied on in domestic enquiries

In K. Prabhakar Hegde v. Bank of Baroda dated 19 August 2025, the Supreme Court delivered a ruling of considerable importance to employers concerning the treatment of preliminary fact-finding reports in disciplinary proceedings. The appellant, a senior bank officer, contended that an internal fact-finding report prepared before issuance of the charge sheet should have been furnished to him because non-disclosure allegedly undermined principles of natural justice.

The Court held that preliminary investigations serve only to assess whether charges ought to be framed, and do not form part of the domestic enquiry unless specifically relied upon. Since in this case the disciplinary authority neither incorporated nor used the findings of the preliminary investigation report in its decision, there was no obligation to share it. What is compulsory, the Court emphasised, is disclosure of all evidence and documents actually relied upon in the final decision (charge-sheet, enquiry report, witness statements used in the enquiry etc.).

The decision reaffirmed that procedural fairness does not require that every material generated during preliminary investigation be shared; only those materials which are used or adopted by the disciplinary authority. By distinguishing between “fact-finding” (preliminary) stages and the enforceable evidentiary basis of charges, the Supreme Court drew a clear line that reduces undue burden on employers while preserving employees’ right to know and respond to what actually forms the basis of the charges.

Employers should take heed, when conducting domestic enquiries, it is vital to clearly identify which reports, evidence or material are being relied upon in the charge sheet and final findings, because only then does the employee have a right to those documents. Reports or investigations that are not part of the decision-making record can remain confidential without violating natural justice.