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It is to be noticed that the disciplinary authority may itself hold the enquiry or delegate the holding of the enquiry to some other authority.
Since the rules expressly permit such delegation, questions relating to the authority to delegate have to a large extent become academic. But even in the absence of such power, it is well settled that a statutory functionary exercising a statutory power cannot be said to have delegated his functions merely by deputing a responsible and competent officer to enquire the report. Such a functionary can obtain the material on which he is to act in such manner as he thinks proper. What cannot be delegated is the ultimate responsibility for the exercise of such power. The principle laid down by the Supreme Court in Gullapalli Nageshwar Rao v. Andhra Pradesh State Road Transport Corporation, AIR 1959 SC 308 that divided responsibility i.e. hearing by one and decision by another is a destruction of the concept of judicial hearing, does not militate against the scheme of departmental proceedings where the enquiry is held by one officer and the ultimate action is taken by another. The position has been explained by a Division Bench of the Delhi High Court [A.S. Sethi v. Union of India,AIR 168 Del 26], where S. K. Kapur, J. speaking for the Bench said: