TIT BITS ON DISCIPLINE -262
REPORT OF INQUIRY
REPORT OF INQUIRY
1025. It is also a settled law that statement of facts recorded by a quasi-judicial tribunal in its proceedings as regards the matters what transpired during the hearing before it would not be permitted to be assailed as incorrect unless steps are taken before the same forum to correct them (Bhagwati Prasad v. Delhi State Mineral Dev. Corpn., AIR 1990 SC 371, para 5]. Thus, if some matter is not brought to the notice of the inquiring authority itself for getting deletion, amendment or redress, it shall not be open to attack subsequently in a court of law. (ibid.)
1026. An inquiring authority appointed by disciplinary authority is not a 'Court within the meaning of the Contempt of Court Act. Further, it has been held that the inquiry officer cannot proceed against an employee for misbehaviour in the same proceedings. In such cases, disciplinary action should be taken against the employee concerned separately
[Kendriya Sarvodya Sahakari Sangh, Jaipur v. Industrial Tribunal, AIR 1968 Rajasthan 33).
1027. The inquiry officer becomes officio functus after he writes and submits his report.
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