The Final Decision
171. Where inquiry is held by an officer other
than the disciplinary authority and the report is adverse to charged employee,
a copy thereof should be supplied to the charged officer for his observations
thereon, before the report is considered by the disciplinary authority. This
requirement is applicable from 20.10.1990 onwards (Union of India v. Mohd.
Ramzan Khan, AIR 1991 SC 471 confirmed by the Constitution Bench in Managing
Director, ECIL v. B. Karunakar, AIR 1994 SC 1074.
172. The matter should be considered by the
disciplinary authority with an open mind and he should take final decision by
proper application of mind [Nagaraj Shivarao Karjagi v. Syndicate Bank, AIR
1991 SC 1507].
173. If disciplinary authority proposes to
disagree with report of inquiry favourable to charged employee, a show cause
notice indicating reasons for disagreement should be given to the employee
[Narayan Misra v. State of Orissa, 1969 SLR (SC) 657; Punjab National Bank v.
Kunj Behari Misra, AIR 1998 SC 2721].
174. The discretion to impose the punishment
should not be exercised in a manner which is totally arbitrary or utterly
perverse or is actuated by mala fides (Union of India v. Parma Nanda, AIR 1989
SC 1185).
175. The final order should be a speaking order. It should not only contain reasons for the conclusions reached but must also mention the various facts or materials on which they are based [State of Punjab v. Bakhtawar Singh, AIR 1972 SC 2083).
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