1000 TIT BITS ON DISCIPLINE -78
272. Applicability to Disciplinary Proceedings
I. The disciplinary proceedings have been held to be quasi-judicial in nature. [Union of India v. H.C. Goel, AIR 1964 SC 364]. Hence, Principles of Natural Justice are fully applicable to these proceedings [Sawai Singh v. State of Rajasthan, AIR 1986 SC 995].
2. “All that is meant by compliance with rules of natural justice by a domestic tribunal is that the tribunal must act honestly and in good faith and must give the delinquent a chance of explanation and defence. If the rules postulate an inquiry, delinquent must have a reasonable opportunity of being heard and, of correcting and contradicting a relevant statement prejudicial to his view"
[Mclean v. Workers' Union (1929)I Ch. 662).
3. “Stating it broadly and without intending to be exhaustive it may be observed that rules of natural justice require that a party should have the opportunity of adducing all relevant evidence on which he relies, that the evidence of the opponent should be taken in his presence, and that he should be given an opportunity of cross-examining the witnesses examined by that party and that no materials should be relied on against him without his being given an opportunity of explaining them.”
Union of India v. T. R. Varma, AIR 1957 SC 882, Supreme Court
273. Suspension pending Criminal Charge.
Suspension is ordered only in case of an offence of serious nature involving moral turpitude and not for petty offences unrelated to morality or official duties of the public servant.
274. 'Investigation', 'inquiry', 'trial'.
'Investigation’ under the Criminal Procedure Code includes all proceedings under the Code for collection of evidence. It is a stage before the ‘inquiry' or 'trial'. The 'inquiry' or 'trial' in a criminal case do not go hand in hand [B. B. Mondal v. State, Lab. IC 1974 (Cal.) 606]. The investigation in a criminal case starts with the registration of an F.I.R. by the local police, or an P.E./R.C. by the C.B.I. The 'trial' begins when a challan is presented to a court of law and ends with acquittal or conviction by the court. When the order of suspension stated that it has been passed pending “prosecution”, the order was upheld by the Supreme Court (Director General of Police v. K. Ratnagiri, AIR 1990 SC 1423).
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