1000 TIT BITS ON DISCIPLINE -228
876. The person charged with the duty of holding the inquiry (i.e) IA must discharge that duty without bias and certainly without vindictiveness.
[Gabrial V State of Madras 1959 MLJ 15]
876. The person charged with the duty of holding the inquiry (i.e) IA must discharge that duty without bias and certainly without vindictiveness.
[Gabrial V State of Madras 1959 MLJ 15]
877. Non payment of subsistence allowance vitiated enquiry
Inquiry conducted exparte when charged official was under suspension and unable to attend the inquiry due to nonpayment of subsistence allowance, is invalid.
[Ghanshyam Dass Shrivatstava V State of MP AIR 1973 SC 1183]
878. Documents filed without the testimony of the custodian should not be taken as evidence.
The documents in support of the charges should not be filed through the Presenting officer as in that case the charged official may ask permission for cross examining him as witness. The documents shall be filed by the custodian of the documents or by a representative of custodian specially ordered to do this or through the witnesses examined during the inquiry. The case law that documents filed without the testimony of the custodian should not be taken as evidence.
[P.S Gopta Pillai V UOI & others OA No. 413 of 1991 CAT Ernakulum Bench DOJ 14.02.1992]
879. If the preliminary enquiry report is not given, it is violative of natural justice
If the preliminary enquiry report is not given, whether it is followed in the in the regular inquiry or not whether it asked for or not a serious prejudice is caused to the applicant by denying it, which is violative of principle of natural justice in our opinion.
[TA No.370 of 1986 of OA 1863 of 1984 Cuttack bench of the Tribunal]
880. Starting de novo inquiry by the Disciplinary Authority without any specific direction in this regard from the appellate authority – illegal.
[R.L Kapil V UOI ATR 1988 (1) CAT 318 (Delhi) 1988 (4) SLJ (CAT) 224]
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