Postman Exam - Important Events in the Department of Posts

 187. Knowledge Spectrum – Discipline – ACTION ON INQUIRY REPORT  104

324. What are the basic questions to be considered by the Disciplinary Authority on the Inquiry Report? 
The Disciplinary Authority, on receipt of the Inquiry Report is to examine the report in the following directions: 
(a) Whether the inquiry has been conducted in accordance with the statutory provisions as well as the Principles of Natural Justice by providing reasonable opportunity to the delinquent? 
(b) Whether the findings in the Inquiry Report are acceptable? 
It may be seen from the above that the first issue for consideration is regarding the procedural propriety of the inquiry conducted by the Inquiring Authority and the second question is about the correctness of the conclusions of the above Authority 

325. How far the findings of the Inquiring Authority are binding on the Disciplinary Authority? 
Findings of the Inquiring Authority are not binding on the Disciplinary Authority, who is at liberty to disagree with the same by recording reasons. 

326. Can the Disciplinary Authority order for a fresh Inquiry if it is not satisfied with the Inquiry Report received by it? 
Under Rule 15(1) of the CCA Rules, Disciplinary Authority is empowered to remit the case to the Inquiring Authority for further inquiry. Use of the word 'further" implies that the earlier inquiry cannot be dumped for good and a fresh inquiry be conducted. Besides, the phrase used is "the Inquiring Authority" and not "an Inquiring Authority'. This implies that the further inquiry is to be held by the same Inquiring Authority who held the earlier inquiry. Of course, this is without prejudice to the powers of the Disciplinary Authority to appoint or re-appoint Inquiring Authority. 

327. Can the disciplinary Authority remit the case to a new Inquiring Authority if it is not satisfied with the manner in which the Inquiring Authority had conducted the inquiry in the first instance? 
As mentioned above, the phrase used in Rule 15(1) is "the Inquiring Authority" and not "an Inquiring Authority'. This implies that the further inquiry is to be held by the same Inquiring Authority who held the earlier inquiry. Of course this is without prejudice to the powers of the Disciplinary Authority to appoint Inquiring Authority which should include powers to replace it as well.