VIGILANCE MANUAL VOLUME III - AP Online

790 DECISION - 403
The High Court laid down that a preliminary enquiry preceding
a regular departmental inquiry is not compulsory, though desirable
for the purpose of satisfaction of the Disciplinary authority whether
there is a prima facie case and sufficient justification for embarking
on a full fledged departmental inquiry. Preliminary enquiry is neither
a judicial nor a quasi judicial act; it is purely an administrative action.
The preliminary enquiry does not result either in exoneration or
punishment, but it merely guides the employer whether to proceed
against the employee or not. There is no obligation on the part of the
disciplinary authority to disclose the materials and evidence collected
in the course of the preliminary enquiry or the findings to the
delinquent. The satisfaction arrived at and the material and the
evidence collected in the preliminary enquiry may be a basis for
initiating departmental enquiry and if the disciplinary authority wants
to make use of the materials and evidence collected in the preliminary
enquiry against the delinquent in the departmental Inquiry, then, law
requires that such materials and evidence should be disclosed to the
delinquent and the delinquent should be given a reasonable
opportunity to have his say regarding those materials.
A preliminary enquiry is of very informal character and the
methods are likely to vary in accordance with the requirements of
each case. The procedure of enquiry is wholly at the discretion of
the officer holding the enquiry. The disciplinary authority need not
record its satisfaction in writing nor is it required to give reasons for
initiating the regular departmental enquiry.
If the disciplinary authority, on the basis of the preliminary
enquiry, forms an opinion and records that the delinquent is prima
facie guilty of misconduct, it does not amount to prejudging the issue.
The disciplinary authority need not maintain record of the preliminary
enquiry. It need not give any opportunity to the delinquent to have
his say in the preliminary enquiry. The delinquent will not be bound
by even his own statement recorded in the preliminary enquiry unless
the same is produced in the departmental inquiry and proved in