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, 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. 

9 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.

    ReplyDelete
  2. De novo disciplinary proceedings Landmark case law

    ReplyDelete
  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
    Replies
    1. The appelATE AURTHORITY CAN DEFINITELY DIRECT TO CONDUCT TGHE INQUIRY FRESH AS PER LAW BY REMANDING THE CASE WHILE SETTING ASIDE THE ORDER OF PENALTY.

      Delete
  4. can a denovo be initiated against the government official who has been exonerated 2 years back

    ReplyDelete
    Replies
    1. Denovo inquiry can be started if new material is available against the emp;oyee.Similaerly the denovo inquiry can be stared on the new and different charges as well.

      Delete
  5. When Reviewing Authority ordered de-novo inquiry setting aside orders of penalty of dismissal and rejection of appeal, whether the employee needs to be reinstated or be put under deemed suspension

    ReplyDelete
  6. The employe will be under deemed suspension. Please see rule 4(3) of M.C.S. Rules 1979 or Rule 10(3) of C.C.S.(C.C.A.) Rules 1965

    ReplyDelete
  7. Disciplinary authority did not follow the complete order and directin given by Appellate authority then what will the process and what defendant can do?

    ReplyDelete