1000 TIT BITS ON DISCIPLINE -229
881. Departmental inquiry unjustly delayed long subjecting the delinquent officer to severe hardships – quashed.
[DL Gawada V UOI & others OA 330 of 1989 CAT Bombay Bench DOJ 15.07.1993]
881. Departmental inquiry unjustly delayed long subjecting the delinquent officer to severe hardships – quashed.
[DL Gawada V UOI & others OA 330 of 1989 CAT Bombay Bench DOJ 15.07.1993]
882. If the report of the investigation or preliminary inquiry forms the basis of the charges, a copy of the report cannot be withheld from the charged employees.
[Sankari Pada Mukarjee V UOI TA 4 of 1985 CAT Calcutta Branch DOJ on 04.04.1986]
883. The facts of misconduct must be established
The delinquent officer charged with misconduct may be induced to confess the guilt for one reason or other. Therefore, the facts of misconduct must be established. Ordinarily admission alone of delinquent officer cannot be regarded sufficient proof of misconduct as well as facts constituting misconduct.
[Bhubani Salu’s case 76 1A APP 47 at P 156 AIR/1949 PC 257 Rule (14) -1985 lab i.c. 422]
884. Departmental inquiry – relevant question disallowed by IO – vitiates the proceedings.
[OA No.158 of 1986 decided on 23.0
885. Inquiry should not be entrusted to subordinate officer expressed opinion 3.1988 by CAT Madras Bench 1988(2) ATJ 496 R. Ramaseshiah V GM Southern Rly Madras]
885. Inquiry should not be entrusted to subordinate officer expressed opinion
Inquiry should not be entrusted to an officer directly subordinate to an officer who has already expressed an opinion on the allegations especially where such opinion is adverse to the accused.
[Rule 5(1) (b): Postal Volume III]
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