47 Disciplinary enquiry is quasi-judicial inquiry to be held in accordance with Natural Justice
207. Disciplinary enquiry is quasi-judicial inquiry to be held in accordance with Natural Justice; ‘Oral Inquiry' must be just, fair and reasonable
“It is well settled that a disciplinary enquiry has to be a quasi-judicial enquiry held according to the principles of natural justice and the inquiry officer has a duty to act judicially."
[Anil Kumar v. Presiding Officer, AIR 1985 SC 1121: (1985)3 SCC 378)
“It is well settled that a disciplinary enquiry has to be a quasi-judicial enquiry held according to the principles of natural justice and the inquiry officer has a duty to act judicially."
[Anil Kumar v. Presiding Officer, AIR 1985 SC 1121: (1985)3 SCC 378)
208. ‘Oral Inquiry' must be just, fair and reasonable
The ‘Oral inquiry' is, thus, intended to afford to the charged officer an opportunity to defend himself by cross-examining the witnesses produced against him and by examining himself or any other witnesses in support of his defence [Union of India v. T. R. Varma, AIR 1957 SC 882; Khem Chand v. Union of India, AIR 1958 SC 300]. But what is more important, is that it must not be treated as a cold or wooden concept. There must be a positive effort to be fair and just to the accused. The dictum of the Supreme Court is :
“It is not so much to act judicially but is to act fairly, namely, the procedure adopted must be just, fair and reasonable in the particular circumstances of the case.” [D.K. Yadav v. J.M.A. Industries Ltd., 1993 AIR SCW 1995, para 7]
209. Where charge is denied, holding of oral inquiry is obligatory
The purpose of the ‘Oral inquiry' is to bring on record all evidence, oral or documentary and to provide the charged employee with an opportunity to defend himself. Thus, oral inquiry is absolutely essential where any charge is denied by the charged employee or the rule governing the situation specifically enjoins the holding of oral inquiry.
Not only this, in most of the cases the holding of departmental inquiries are governed by statutory rules which provide for the holding of an 'Oral inquiry' by the inquiring authority. Thus, the holding of Oral inquiry will be obligatory in cases covered by the provisions of Art. 311(2) of the Constitution or some specific enactment or a statutory rule or a Standing Order.
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