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
that the disciplinary power which ordinarily
inheres in every employer, is in any way affected
thereby; the power to direct disciplinary enquiry which ... enquiry, is beside the point; but again here too it is the
Government which has to hold the enquiry; thus, the
power to hold disciplinary
principles analogous to res judicata. It also held that the disciplinary enquiry which had been conducted by the erstwhile Company was bad in law because ... What was disappointed was the Tribunal's finding that the disciplinary enquiry was not proper. It had held that the disciplinary enquiry was defective
dated September 25, 1988. The appellant ordered for holding of a disciplinary enquiry and an enquiry officer was appointed by the appellant on July ... appellant, for permitting the assistance of an advocate in disciplinary enquiry and that the respondent was allowed the assistance of a co-employee which
initiated departmental
enquiry for the alleged charge-memo and the enquiry
officer, after completion of the enquiry, filed enquiry report
to the Disciplinary Authority holding ... Enquiry
Officer in a departmental enquiry, unless the Enquiry Officer
arrive at a conclusion with no evidence. I am of the view that
the enquiry
social costs of an
erroneous decision. Thus, in a disciplinary enquiry,
strict rules of evidence and procedure of a criminal trial
17
are inapplicable, like ... enquiry officer for further
enquiry.
27. It is true that strict rules of evidence are not
applicable to departmental enquiry proceedings.
However, the only requirement
against the procedure adopted by the Enquiry Officer
8
WP NO.106754 OF 2015
during the enquiry, the Disciplinary Authority, rightly ordered for
compulsory retirement ... interfere with the findings recorded by the Enquiry
Office in a departmental enquiry, unless the Enquiry Officer
arrive at a conclusion with no evidence
Whether the finding recorded with regard to
misconduct in a disciplinary enquiry is sustainable
under law and the interference by the KSAT
warrants any interference ... State of Karnataka v. Umesh,
16. The principles which govern a disciplinary enquiry
are distinct from those which apply to a criminal trial
contend that mere approval of the disciplinary authority
to initiate a disciplinary enquiry would not tantamount to
an approval of the charge sheet ... disciplinary authority to draw up a charge sheet
would arise only when material was collected after the
decision to initiate disciplinary enquiry had been taken
were not proved. After the acquittal, the management has revived the disciplinary enquiry and has proceeded to examine the management witnesses. The petitioner being aggrieved ... conduct of the management in proceeding with the disciplinary enquiry despite decision of the criminal Court has approached this Court challenging the initiation and continuation
