Thursday, November 14, 2024

25. Broadly speaking, requirements of the principles shall stand satisfied in the following situations

 25. Broadly speaking, requirements of the principles shall stand satisfied in the following situations 

121. All evidence is recorded in his presence and he is permitted to cross-examine the witnesses against him. He is also permitted to adduce oral and documentary evidence in his defence and to examine himself, if he so chooses [T.R. Varma case, supra).

122. A copy of the Written Brief of the presenting officer is supplied to him before he is asked to file his written brief (Collector of Customs v. Md. Habibul Haq, 1972 Lab IC 1505).

123. The findings of the inquiring authority and the disciplinary authority are based on evidence on record and flow logically from it.

124. The charge is proved through evidence by the prosecution and the onus is not shifted on the accused employee to exonerate himself [Sulhendra Chandra v. Union Territory, AIR 1962 Tripura 15).

125. Except where the inquiry is held by the disciplinary authority itself, the charged officer is supplied with a copy of the report of inquiry and his observations thereon, if any, are obtained before a final decision is taken [Managing Director, ECIL v. B. Karunakar, AIR 1994 SC 1074).



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