1000 TIT BITS ON DISCIPLINE -230
886. Inquiry should not be entrusted to an officer expressed a definite opinion
Inquiry should not be entrusted to an officer Inquiry should not be entrusted to an officer who held the inquiry (preliminary) and expressed a definite opinion on the allegations especially where such opinion is adverse to the accused.
[Rule 5(1)(a): Postal Manual Volume III]
887. When the charges against the charged officers are dropped, it is full exoneration of the charged officer from the charges levelled against him.
[Gunasekaran V Tamilnadu State Housing Board 1986(ii) LNN 949]
888. No immunity available to officers who perform quasi-judicial function.
Quasi-judicial functions lie midway between the judicial and ministerial/administrative functions. Judicial/Quasi-judicial functions cannot be delegated whereas administrative functions can be delegated. There is no immunity available to officers who perform quasi-judicial function.
[K.K Dhawan V UOI 1993(1) SLR SC 700]
889. Inquiry officer – appointment of another person as inquiry officer- cannot be appointed unless the previous inquiry officer is not available.
[Mitiram Tejumal Gurbaxani V CCIT Bombay city & others 1989 (2) ATJ 409]
890. De Novo enquiry by a new inquiry officer subsequent to the submission of the inquiry report - not legal.
[L David V UOI 1990 (14) ATC 590 (Madras)]
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