![Disciplinary inquiry must not begin until relied-upon documents are supplied to the charged official.. Chandra Kumar Sarma vs DEPARTMENT OF POSTS. CAT - ['Guwahati']. LawLens](/stories/thumbnails/disciplinary-inquiry-must-not-begin-until-relied-upon-documents-are-supplied-to-the-charge-ba1fb057d65d437cbbc7cbd052c896e5.webp)
Facts
The applicant, a Gramin Dak Sevak Branch Postmaster, challenged a memorandum dated 27 May 2026 initiating disciplinary proceedings under Rule 10-B of the GDS (Conduct and Engagement) Rules, 2020.
Source reference: p. 2–5He alleged that, despite written requests dated 12 June, 8 July and 5 August 2026, the respondents had not supplied the relied-upon documents listed in Annexure III to the charge memorandum.
Source reference: p. 2–5He sought, among other reliefs, to quash the proceedings and challenged the withholding of his TRCA.
Source reference: p. 2–5The Tribunal heard the matter at the admission stage and identified the principal question as the non-supply of documents relied upon in the departmental enquiry.
Source reference: p. 6Issues
Whether the respondents could proceed with the departmental enquiry without supplying the applicant copies of the documents relied upon and listed in Annexure III to the charge memorandum.
Source reference: p. 6Whether the Tribunal should grant the applicant’s other requested reliefs, including quashing the disciplinary proceedings and addressing the withholding of TRCA.
Source reference: p. 2–3, 6–7Law Applied
Rule 10-C(ii) of the GDS (Conduct and Engagement) Rules, 2020 was invoked by the applicant as requiring communication of the statement of allegations and the evidence relied upon before the charged official is called upon to answer the charge.
Source reference: p. 5The Tribunal’s operative direction reflects the requirement that the charged official receive the relied-upon documents in time to defend against the charges, directing their supply before the enquiry begins.
Source reference: p. 6Reasoning
The Tribunal confined its consideration to the identified procedural issue and did not enter into the merits of the charges or the wider grounds raised in the application.
Source reference: p. 6Given the applicant’s complaint that the relied-upon documents had not been furnished, it directed the disciplinary authority to supply all documents listed in Annexure III before commencing the enquiry, so the applicant could defend the charges.
Source reference: p. 6Holding
The Tribunal disposed of the application at the admission stage, directing the respondents to provide the applicant all documents relied upon by the disciplinary authority and listed in Annexure III before starting the enquiry.
It also directed the applicant to serve the respondents with a copy of the application and order within ten days of receiving the order.
Source reference: p. 7The Tribunal did not decide the merits of the challenge to the disciplinary proceedings or the TRCA withholding; it awarded no costs.
Source reference: p. 6–7Original Court PDF
Chandra Kumar SarmavsDEPARTMENT OF POSTS
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