Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1996 (1) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1996 (1) TMI 382 - SC - Indian LawsWhether or not the person charged desired or had an oral enquiry, he shall be heard in person at any stage if he so desires before final orders are passed? Held that:- Generally speaking, it is not necessary that the charges should be framed by the authority competent to award the proposed penalty or that the enquiry should be conducted by such authority. We do not find anything in the rules which would induce us to read in Rule 3(b)(i) such a requirement. In our opinion, the view taken by the Tribunal that in a case falling under Rule 3(b) the charge memo should be issued by the disciplinary authority empowered to impose the penalties referred to therein and if the charge memo is issued by any lower authority then only that penalty can be imposed which that lower authority is competent to ward, is clearly erroneous. We, therefore, allow this appeal. The order passed by the Tribunal is set aside and the case is remitted back to the Tribunal to consider the other contentions which were raised before it and to dispose of the case in accordance with law.
|