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2010 (4) TMI 963 - SC - Indian LawsWhether or not under the relevant Rules and provisions of the Act, the Railway Authorities have the jurisdiction to appoint a retired employee of the Department as ‘Inquiry Officer’ within the ambit of Rule 9(2) of the Railway Servants (Discipline & Appeal) Rules, 1968 (for short referred to as ‘the Rules’)? Held that:- Appeal allowed. The judgment of the Tribunal and the High Court are contrary to the settled principles of law and thus cannot be sustained. No merit even in the contention that if departmental inquiry has been conducted under the Rules of 1968 in accordance with law, principles of natural justice and no de facto prejudice is pleaded or shown by cogent documentation, the court would be reluctant to set aside the order of punishment on this ground alone. Secondly, the argument in relation to non-furnishing of CVC notes is again without any foundation as it has not even been averred in the application before the Tribunal, that these alleged notes were part of the record and that they were actually considered by the Disciplinary Authority and such consideration had influenced the mind of the competent authority while passing the impugned orders. Absence of pleading of these essential features read with the fact that no such documentation has been placed on record except demanding circulars of the CVC, we are of the considered view that even on this account no prejudice, as a matter of fact, has been caused to the delinquent officers. Thus not able to accept the contention addressed on behalf of the respondents that it is not necessary at all to show de facto prejudice in the facts of the present cases.
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