Thought for Today, 29 th June 2020

Life is a trip. The only problem is that it does not come with a map. We have to search our own routes to reach our destination.

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. 

16 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

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    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.

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

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    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.

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  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

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  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

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  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?

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  8. Can vigilance org say that the enquiry has not been done properly by the Inquiry Officer and refer the matter to department for a denovo enquiry

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  9. YES. PLEASE SEE THE RULE 9 OF M.C.S.(D. & A.) RULES 1979 AND RULE 15 OF THE C.C.S.(C.C.A.) RULES 1965.

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  10. Before passing re-enquire against central govt servant Gr B under Rule 15(1) after about 26 months of the Inquire report submit by I.O. without issuing disagreement note or speaking order and no reply sought from CO rather Two time sending positive recommendations to Vig for 2nd stage advice & on the 2nd stage adviceof Vig he issued re-enquire order under Rule 15(1). Can this legal. Pl give some reference of CAT HC and SC. Regards

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  11. No new material/issue was their only one page order for re-enquire where IO & PO was appointed no new charge sheet.

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  12. Sir,
    After HC order removed central government employees reported in department after 7 years. Department again order for DE.some of pws retired and expressed his difficulty due to serious health problem. Is it possible for recording his statement through vedio conference. Please clarify it's validity.
    Thanking you

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  13. No reply on my two requestmade on 12th January 2020 6.16 & 6.25 PM respectively. Pl reply.

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