TMI Blog2006 (4) TMI 538X X X X Extracts X X X X X X X X Extracts X X X X ..... in which he stated: Thus, after careful consideration of the evidence which has been produced for substantiating the charges one and two, the undersigned has provisionally come to the conclusion that Shri Lav Nigam, St. No. 247(0) is not a fit person to be retained in the services of the company and that a major penalty should be imposed on Shri Lav Nigam and accordingly proposes to impose on him the penalty of removal under Rule 25(f) of the Conduct, Discipline and Appeal Rules, 1975 of the lTI Ltd. Now, therefore, Shri Lav Nigam is hereby given an opportunity of making representation on the penalty proposed above. Any representation which he may wish to make against the penalty proposed will be considered by the undersigned. If any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the view of the inquiry officer, and another against the proposed punishment. It was further held that the two notices could be combined in one. The writ petition was accordingly dismissed. 5. The conclusion of the High Court was contrary to the consistent view taken by this Court that in case the disciplinary authority differs with the view taken by the. inquiry officer, he is bound to give a notice setting out his tentative conclusions to the appellant. It is only after hearing the appellant that the disciplinary authority would at all arrive at a final finding of guilt. There after, the employee would again have to be served with a notice relating to the punishment proposed. 6. In Punjab National Bank v. Kunj Behari Misra AIR 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1999) 7 SCC 739. In this case also Rule 9(2) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 did not specifically provide for a disciplinary authority to give an opportunity of hearing to the delinquent officer before differing with the view of the enquiry officer. The Court said: But the requirement of 'hearing' in consonance with the principles of natural justice even at that stage has to be read into Rule 9(2) and it has to be held that before the disciplinary authority finally disagrees with the findings of the enquiring authority, it would give an opportunity of hearing to the delinquent officer so that he may have the opportunity to indicate that the findings recorded by the enquiring authority do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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