VIGILANCE MANUAL VOLUME III - AP Online

726 DECISION - 359
(359)
Fresh inquiry / De novo inquiry
Disciplinary Authority has no plenary power to order
a fresh enquiry on the ground that the required
evidence was not properly presented in the inquiry
to facilitate arriving at a decision.
Bishnu Prasad Bohindar Gopinath Mohanda vs. Chief
General Manager, State Bank of India,
1993 (4) SLR ORI 682
Two officers of State Bank of India were dealt with in separate
disciplinary proceedings. Two witnesses were examined for the
management and 3 for the officer in the former case and in the latter
2 witnesses were examined ex parte for the management. On receipt
of the inquiry reports, disciplinary authority passed an order
communicated to the petitioners that on perusal of the report of the
Inquiry Officer he was of the view that the required evidence had not
been properly presented in the enquiry to facilitate arriving at a
decision in the matter and hence he was directing a fresh enquiry in
terms of Rule 50(3) (i) of the SBI (Supervising staff) Service Rules.
Disciplinary authority accordingly appointed a new Inquiry Officer and
new Presenting Officer. The petitioners contended that the disciplinary
authority had no authority to direct a second inquiry to be held. While
the opposite party relied on Rule 50(3)(i) of above-said Rules as per
which “the disciplinary authority .. for reasons to be recorded by it in
writing, remit the case to the Inquiring authority, whether the Inquiring
authority is the same or different for fresh or further inquiry and report.”
The High Court observed that there cannot be conceived of a plenary
power in the disciplinary authority to set aside an inquiry merely for
the wish of it and direct a de novo one. That way there can be really
no end to the process of inquiry and theoretically it will be possible
for the disciplinary authority to direct numerous inquiries. Holding of
a second inquiry is discouraged and the power is denied on
consideration of the fact that if evidence has been led in the inquiry