Jodh Singh was the star witness during the disciplinary
proceedings. During the course of the disciplinary enquiry, the enquiry officer
recorded the statements ... that:
(i) The departmental enquiry was concluded in violation of the rules governing
the enquiry. All the orders in the disciplinary enquiry were based
Bank. The respondent had participated in the disciplinary
enquiry and the enquiry officer after holding enquiry in
accordance with the procedure prescribed under the Bipartite ... enquiry was
furnished by the enquiry officer, took pains to revisit the record of
enquiry including chargesheet, reply to the chargesheet, enquiry
proceedings
Tribunal, the
Tribunal held that as the employer dispensed with the
disciplinary enquiry in exercise of the power conferred by
Standing Order 32, it could ... with the enquiry.
[437D]
2. As there was no justification for dispensing with
the enquiry, imposition of penaly of dismissal without the
disciplinary enquiry
following a
Sanjay Kumar
Date: 2022.03.22
13:37:50 IST
Reason:
disciplinary enquiry on charges of bribery.
1
2 The respondent was working ... respondent and acquitted him of all charges.
3 A disciplinary enquiry was initiated under Section 7(2) of the Karnataka
Lokayukta Act 1984. Taking note
disciplinary authority may itself conduct the enquiry or appoint an inquiry authority to conduct the enquiry.
(iii) The disciplinary authority itself can prepare or cause ... enquiry has to be prepared by the authority holding the enquiry. Rule 3(b)(i) itself contemplates that the enquiry officer
basis on which the concerned Disciplinary Authority comes to record its satisfaction for dispensing with a regular disciplinary enquiry. However, it was held ... order passed by the concerned Disciplinary Authority under Clause (ii) of Rule 14 dispensing with a regular disciplinary enquiry in accordance with the Rules
Government has intimated the concerned
disciplinary authorities to take action against its
employees either by themselves conducting the
disciplinary enquiry (D.E) or by entrusting ... disciplinary authorities
after receiving the report from the Upalokayuktha,
: 47 :
particularly after the disciplinary enquiry is
conducted and report is submitted with
recommendation
deal with all disciplinary matters relating to Judicial Officers, including appointment of Specially empowered Authority to hold disciplinary enquiry ... competent to deal with disciplinary matters relating to District Judges up to the stage of final reports of disciplinary enquiries in respect of judicial officers
referred to by the Enquiry Officer in the enquiry report has not been proved by any witnesses in the enquiry. The submission is that ... Apex Court held that in taking disciplinary action against the public servant ; a proper disciplinary enquiry must be held against him after supplying him with
decision of the disciplinary authority on this question final. A disciplinary authority is not expected to dispense with a disciplinary inquiry lightly or arbitrarily ... against the delinquent in the disciplinary proceedings but it could not be made a ground for dispensing the disciplinary enquiry.
18. The other ground