BANGLADESH TEXTILE MILLS CORPORATION
(SERVICE) REGULATION, 1981
matter—Second show cause notice without enquiry report whether violates
principle of natural justice—The second show cause notice is not an idle
formality—In order to be meaningful it has to be accompanied with or followed
by the report of the Enquiry Officer—Whether or not the rules provide for the
report to be given to the employee, rules of natural justice require that along
with the second show cause notice the employee should be furnished with the
higher punishment than the one recommended—Question of assigning some
reason—When the appointing authority takes a different view from the Enquiry
Officer and decides to inflict a higher punishment than the one recommended by
the Enquiry Officer, then the appointing authority has to assign some
reason—When no reason has been given the order is not immune from attack being
violative of the principle of natural justice.
Ali Vs. Bangladesh Textile Mills Corporation and another, 9 BLD (HCD) 383.
32DLR (AD) 46.