1000 TIT BITS ON DISCIPLINE -145
601. Conduct departmental inquiry on the self-same allegations is permissible
Therefore, once the acquittal was on merits, the necessary consequence would be that the delinquent is entitled to reinstatement as if there is no blot on his service and the need for the departmental inquiry is obviated. It is settled law though the delinquent official may get an acquittal on technical grounds, the authorities are entitled to conduct departmental inquiry on the self-same allegations and take appropriate disciplinary action.
[Sulekh Chand and Sulekh Chand v. Commissioner of Police and others 1994 (5) SLR 742.]
602. An employee cannot be punished on the basis of preliminary inquiry report
An officer cannot be punished on the findings of a preliminary investigation, without holding a disciplinary action after serving a charge sheet.
[Amalendu Ghosh v. N.E.F. Railway, AIR 1960 SC 992.]
603. Preliminary inquiry is not quasi-judicial in character
The preliminary inquiry is not governed by the provisions of Article 311(2) of the Constitution.
[A.G.Benjamin v. Union of India, (1967) 1 LLJ 718; (1967) 15 FLR 347 (S.C.)]
604. Preliminary inquiry may be held behind the back of the accused Government servant (ex parte)
If a confidential inquiry is made of preliminary nature for initiating disciplinary proceedings then the accused employee is not entitled to any show-cause notice.
[R.P. Sinha v. State of Bihar 1983 Lab IC 700 (Patna).]
605. Preliminary inquiry can be held ex parte
Since preliminary inquiry can be held ex parte no one is bound to attend preliminary inquiry against him. If he does not attend it, then it can be held ex parte and the person concerned will have to bear the consequences. It cannot, however, be said that he was guilty of wilful. disobedience or of an act subversive of discipline.
[Calcutta Port Commissioner v. Workmen Gaz. of India, Pt. 2.5.3.(ii), dated the 25th January, 1964.]
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