Departmental enquiry to be done in language of employee's

Departmental enquiry and proceedings against government employee must be done in the language of his preference, the Supreme Court has said while setting aside punishment meted out to an official on the ground that proceedings were not conducted in Hindi as sought by him.
The apex court said refusal to conduct the proceedings as per the employee's preferred language will violate his right to effective defence and to effectively put forth his case.
"If the said is not done, it would infringe the rule that justice must not only be done, but also seen to be done. However, abundant caution must be exercised in ensuring that this right to defend must not be reduced to mere lip service by the authority.

"The essence of this facet of natural justice lies in adequate and reasonable opportunity to put forth the defence before the disciplinary authority and any deviation from the said rule would tantamount to shell opportunity and will mean no opportunity in the eyes of law," a bench of justices H L Dattu and J S Khehar said.
The court passed the order on an appeal filed by a government employee Mithilesh Kumar Singh challenging the proceedings against him and punishment of reduction in his pay scale on the ground that inquiry was conducted against him in English against his desire.

He had pleaded that proceedings be conducted and all the documents be supplied to him in Hindi so that he could defend himself.
Advocate Pyoli Swatija, appearing for the petitioner, contended that it was a violation of fair justice and urged the court to set aside the proceedings against the employee.