1000 TIT BITS ON DISCIPLINE -232
896. Assessment of evidence and not setting out reasons
Inquiry officers report and the order of the Disciplinary Authority completely silent on the assessment of evidence and not setting out reasons for their conclusion as to the guilt of the delinquent; suffer from fatal law.
[K.N Ramasamy V UOI ATR 1987(1) CAT 136 (Delhi)]
896. Assessment of evidence and not setting out reasons
Inquiry officers report and the order of the Disciplinary Authority completely silent on the assessment of evidence and not setting out reasons for their conclusion as to the guilt of the delinquent; suffer from fatal law.
[K.N Ramasamy V UOI ATR 1987(1) CAT 136 (Delhi)]
897. Charged officer will – submitted medical certificate – holding exparte inquiry held unjustified.
[Lakshmider Naik V UOI 279 of 1986 decided on 19.12.1986 ATC 1987 (2) 952]
898. Punishment of reduction to lower stage affecting pension cannot be imposed
Punishment of reduction to lower stage having effect of reduction of pay permanently with effect on pensionary entitlements cannot be imposed beyond the period till 10 months prior to the date of retirement.
[CAT Hyderabad Bench: OA No.712 of 1990 V.V Ramaiah V General Manager SC Rlys Secundrabad & Ors: DOJ 21.07.1993]
899. Withholding of increments passed on the eve of retirement
Order of punishment of withholding of increments passed on the eve of retirement which cannot be implemented is held to be without application of mind and hence quashed.
[CAT Calcutta Bench: OA No.1016 of 1993: V.K Sukla V UOI & Ors DOJ, 08.09.1993]
900. “The charge is to be proved against the accused employee and it is not for him to absolve himself of the charge”
[Sulhendra Chandra V UT of Tripura AIR 1962 Tripura 15]
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