After hearing both the learned counsel, this Court is of the opinion that learned counsel for the petitioner has made out a point. The rules in question stipulate a step by step procedure which has to be followed. Therefore, the show cause notice that is issued should in the opinion of this Court be accompanied by the evidence which the department is proposing to rely upon. Thereafter, a 14 day time frame is given to reply to the charges and submit his defence. Personal hearing is also contemplated. Ultimately, the order should be a speaking order based on the evidence from both sides which should also identify the quantum of punishment. If the present order is examined against the backdrop of this rule, it is clear that there is a deficiency. The statements of Tati Karunakar, Immanuel, Mallela Samrajyam, Ch.Santi and Sarala are mentioned in the order of punishment. The counsel pointed out that these statements were not furnished to him. Therefore, he submits that important material on which the disciplinary authority was relying upon was not available with the petitioner to put an effective defence.
