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.
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.
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