Thought for today 30 th January 2019

An error does not become truth by reason of multiplied propogation nor does truth becomes error because nobody sees it.Truth stands, even if there be no public suppport.It is self sustained.

Mahatma Gandhi

Monday 23 December 2013

Ordering fresh/ denovo inquiry in case of disagreemnt with findings of Inquiry officer- Illegal

The disciplinary authority , in case he differs with the findings of inquiry officer, he has to record his tentative findings with the reasons there-for and communicate them along with the Inquiry report and give an opportunity to the delinquent employee to  give his say. After considering the reply the disciplinary authority is to pass the appropriate order imposing the penalty or otherwise. It will be illegal on the part of disciplinary authority to  order a fresh / de novo inquiry just because he does not agree with the findings of Inquiry Officer.  The Supreme court in case of  K.R. Deb v/s  Collector of Central Exercise, AIR 1974 SC 1447 has laid down the said law.

The above said judgement is available on this blog  in the list of Important Judgements under the caption of " Disciplinary Proceedings- Judgements" Those interested can get it downloaded. 

No comments:

Post a Comment