VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 311
637
applicant. The Tribunal held that the imposition of the penalty cannot
be permitted to stand.
(311)
Further inquiry — by fresh Inquiry Officer
Disciplinary authority can remit the matter to the
same inquiry officer for further inquiry for reasons
to be recorded by him. Appointment of a fresh
inquiry officer, and by an authority subordinate to
the disciplinary authority is unauthorised.
Nazir Ahmed vs. Union of India,
1989(7) SLR CAT CAL 738
The applicant, a permanent Class IV employee, in the South
Eastern Railway was posted as a Peon in the office of the Personnel
Officer (Mechanical), Workshop at Kharagpur. He was placed under
suspension and a charge sheet was issued by the P.A. to the Addl.
Chief Mechanical Engineer (Workshops), S.E. Railway. It was alleged
that he was caught red-handed on 11-9-75 while passing out of the
workshop gate adjacent to the main time office with unlawful
possession of railway material with some bad intention. By order
dated 9-10-75, the Disciplinary Authority appointed Shri P. Fernandez,
Chief Draftsman, Office of the Addl. Chief Mechanical Engineer
(Workshop) as Inquiry Officer to inquire into the charge framed against
the applicant.
The first sitting of the inquiry was held on 27-1-76 and on
that day, the Inquiry Officer examined the applicant first in the
presence of two witnesses, Shri A.T. Guha, Sub-Inspector, Railway
Protection Force and Shri P.S.N. Murty, No other witnesses were
examined although they were present at the time of the inquiry. The
proceedings of this inquiry were forwarded to the applicant by the
Inquiry Officer with his memo dated 17-2-76 directing him to make
further representation within 7 days from the date of receipt thereof