1000 TIT BITS ON DISCIPLINE -142
586. Disciplinary authority not to consider extraneous matter
Though the report of the inquiry was in favour of the respondent, the disciplinary authority, the Managing Director, took into account the adverse comments of another Accounts Officer which he had invited. The Supreme Court held that consideration of such extraneous material had vitiated the final order and directed the disciplinary authority to decide the matter afresh excluding that material.
[U. P. State Agro Industrial Corpn. Ltd. v. Padam Chand Jain, (1995) Supp.2 SCC 655]
587. Action for alleged violation of rule 6 can be taken by a disciplinary authority only when an authority not below the level of a head of the department has decided that the objects or activities of the association concerned are such as would attract rule 6 ibid.
(G. I.D. (1) Rule 6)
588. Alleged misconduct in society proceedings is legal
It would be legal to start disciplinary proceedings against Railway servants for alleged misconduct of Co-op society etc. The appellant has become the Secretary of the Co-op Society only as a railway servant.
[S. Amar Nanoy]
589. Transfer pending investigation into allegations being punitive in nature, not sustainable.
[Debendranath Bag V UOI & others (1989) 11 ATC 326 (Calcutta)]
590. Inducing confession is illegal
That some kind of inducement was held out by investigating Postal superior officers to his subordinate which had the effect of inducing him to make a confession of his guilt and that the confession was inadmissible.
[AIR 1933 Cal 644 & LLJ 1187 Bagabaih Charan V Empire]
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