Natural Justice--Departmental Enquiry--Consultations held
and material collected behind back of delinquent
officer--Whether enquiry is vitiated--Enquiry is not
vitiated if such material ... natural justice in
the conduct of the enquiry. When once the enquiry
proceedings were so vitiated,, the order of dismissal based
upon the findings recorded
after the first 90 days of the enquiry, it cannot be held that the enquiry is vitiated on the ground of breach of the principles ... inability to attend the enquiry due to paucity of funds resulting from non-pay of subsistence allowance, the enquiry was vitiated for his non-participation
supplied to him and as the enquiry
was held without supplying these documents, the enquiry
stands vitiated. The Supreme Court took note of the
aforesaid ... been
produced in the departmental enquiry that by itself is not
a ground for holding the enquiry to be vitiated. Here also
advise
domestic enquiry no counsel can be engaged G. G. Naik was bound to conduct the enquiry before the Enquiry Officer. Since K. G. Naik ... conducting an enquiry no opportunity was given to the workman to explain the charges and on that ground itself, the enquiry is vitiated. This ground
vitiated either for non compliance with the rules of natural justice or for perversity. Disciplinary action taken on the basis of a vitiated enquiry does ... case the disciplinary action taken on the basis of the vitiated enquiry is held to be bad, would arise only in cases where the employer
employer/management can prove misconduct/charges before the Court, if the enquiry is vitiated on account of some defect."
Shri Joshi, learned counsel raised ... domestic enquiry. Some of the witnesses whose statements were recorded in the preliminary enquiry were not again examined in the domestic enquiry. Ultimately the Labour
that merely because few questions are put by the Enquiry Officer, enquiry is not vitiated.
9. In view of the rival contentions, it is necessary ... reflect bias on the part of the Enquiry Officer that the enquiry can be said to be vitiated".
(b) The Supreme Court
petitioners also contended that the enquiry officer in his enquiry report
has not relied upon the preliminary enquiry conducted by
Sh.V.B.Gupta, therefore ... adduced against him during the enquiry. Instead of putting
the evidence adduced against him during the enquiry, the enquiry
officer only repeated the charges which
Disciplinary Authority had ordered common and joint enquiry against three delinquents but the Enquiry Officer held enquiry only against one applicant. Since the applicant ... preliminary enquiry are not supplied to the delinquent officer and such documents are relied upon by the Enquiry Officer, the enquiry would be vitiated
Failure to produce any witness, other than the investigating officer, vitiated the enquiry, more so when the investigating officer admitted not to have even ... report, where the investigating officer is examined as the witness, would vitiate the enquiry proceedings, Sri J. Sudheer, learned Counsel for the petitioner, would rely
