VIGILANCE MANUAL VOLUME III - AP Online

636 DECISION - 310
the facts and circumstances.
(310)
Disciplinary authority — Inquiry Officer functioning on
promotion
Officer who conducted the inquiry acting as
Disciplinary authority consequent to his promotion
in the meanwhile and imposing penalty held invalid.
Ram Kamal Das vs. Union of India,
1989(6) SLR CAT CAL 501
The applicant, an Engine Operator (Diesel) at Chittranjan
Locomotive Works, was dealt with in a disciplinary proceeding and
imposed a penalty of removal from service by an order of the
Disciplinary authority.
It has been contended by the applicant that the person who
held the inquiry and the person who imposed the penalty of removal
from service was one and the same person. The Tribunal found
sufficient strength in the argument that there had thus been a complete
failure of natural justice. It is the admitted position that Shri R.K. Deb
Roy, Assistant Engineer (Electrical), C.L.W. was appointed as the
Inquiry Officer to hold inquiry and he held and completed the inquiry
and he himself imposed the penalty of removal from service on the
applicant. It may be that during the intervening period Shri Deb Roy
had got promotion by which he became the disciplinary authority of
the applicant. But when the inquiry was held by him, he should not
have acted as the disciplinary authority of the applicant. It cannot be
denied that while acting as the disciplinary authority he would be
very much influenced by the finding of guilt made by him after holding
the inquiry. The Tribunal held that acting as the Inquiry Officer, Shri
Deb Roy was not expected to have dispassionate view of the matter
and as such there was every chance that he would not act fairly and
properly in imposing the penalty of removal from service against the