K. R. Deb vs Collector Of Central Excise, Shillong on 7 April, 1971
18. A plain reading of the said Rule clearly indicates that the
Disciplinary Authority has the power to remit the case to the inquiry
authority for further inquiry and report. However, that power has to be
WP(C) No.8705/2010 Page 12 of 18
exercised only after the Disciplinary Authority records the reasons in
writing. Generally speaking, the ambit of the power for further inquiry has
been explained by the Supreme Court in K.R. Deb vs. Collector, Central
Excise, Shillong : AIR 1971 SC 1450, though, in the context of the earlier
CCS (CCA) Rules, 1957. However, the general principles would apply.
The observations of the Supreme Court in this connection are as under:-