1000 TIT BITS ON DISCIPLINE -151
631. Records of the preliminary inquiry/investigation may not be produced during departmental inquiry if the same are not proposed to be relied upon to prove the charges
[Indreswar v. Union of India, AIR 1959 ASS 112.]
632. Records of the preliminary inquiry/investigation should be open to inspection by the charged employee if the same are proposed to be relied upon to prove the charges
When copies of statements recorded during preliminary inquiry were not supplied in spite of request and the statements were relied upon by the Inquiry Officer, then principles of natural justice are violated.
[D.S. Nadkarni v. S.K. Sukhtankar, (1973) SLR 615 (Bom. H.C.).]
633. Exercise of quasi judicial powers, if the act or omission is such as to reflect on the reputation of the government servant
Disciplinary proceedings could be initiated against a government servant concerned with regard to exercise of quasi judicial powers, if the act or omission is such as to reflect on the reputation of the government servant for his integrity or good faith or devotion to duty; there is a prima facie material manifesting recklessness or misconduct in discharge of the official duty; the officer had failed to act honestly or in good faith or had omitted to observe the prescribed conditions which are essential for the exercise of statutory power.
[Union of India and others vs. Shri K.K. Dhawan - 2002-TIOL-441-SC-MISC-LB]
634. The opportunity must be real and adequate; not a nominal or sham one
"Firstly, I think that the person accused should know the nature of accusation made, secondly, that he should be given an opportunity to state his case; and thirdly, of course, that the tribunal should act in good faith. I do not think that there really is anything more."
[Byrne v. Kinemetograph Renters ' Society (1958)2 All ER 579)
635. Inquiry cannot be initiated against an officer on a complaint made by the subordinates without first holding a fact finding enquiry.
P.B.Solanki X UOI ATC 1990 (1) CAT 250 Ahmedabad
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