VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 241
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reasonable length of time for the situation to return to normal. In a
case where a civil servant has been dismissed or removed from
service or reduced in rank by applying clause (c) of the second proviso
or an analogous service rule to him, no appeal or revision will lie if
the order of penalty was passed by the President or the Governor. If,
however, the inquiry has been dispensed with by the President or the
Governor and the order of penalty has been passed by the disciplinary
authority (a position envisaged by clause (iii) of Rule 14 of the Railway
servants (Discipline and Appeal) Rules, 1968, and clause (iii) of Rule
19 of the Central Civil Service (CCA) Rules, 1965), a departmental
appeal or revision will lie. In such an appeal or revision the civil
servant can ask for the inquiry to be held into his alleged conduct
unless at the time of the hearing of the appeal or revision a situation
envisaged by the second proviso to Art. 311(2) in prevailing. Even in
such a situation the hearing of the appeal or revision application should
be postponed for a reasonable length of time for the situation to
become normal. The civil servant however, cannot contend in such
appeal or revision that the inquiry was wrongly dispensed with by the
President or the Governor.
(241)
Inquiry report — should be reasoned one
Report of Inquiry Officer must be reasoned one and
discuss evidence; failure renders termination illegal.
Anil Kumar vs. Presiding Officer,
1985(3) SLR SC 26
The appellant was Turner in a Cooperative Sugar Mills. After
holding an inquiry, his services were terminated. The Inquiry Report
merely sets out the charges in the first para and then the date on
which the inquiry was held, the names of witnesses produced on
behalf of the Management followed by a statement that evidence of
the appellant and his witnesses was recorded. The report concludes
as under: “His non-obeying of the instructions of his seniors and