Thought for Today, 12 th June 2018

Be careful what you say. You can say something hurtful in ten seconds, but ten years later, the wounds are still there.

Monday, December 23, 2013

Ordering fresh/ denovo inquiry,because of disagreement 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. 

3 comments:

  1. if once the finding of an inquiry is accepted by competent authority can denovo inquiry be ordered even after the delinquent was set aside.

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  2. De novo disciplinary proceedings Landmark case law

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  3. If appellate authority quash the punishment, can the appellate authority i.e. the same authority order reinqiry in the same case.In the same case can disciplinary authority order reinquiry

    ReplyDelete