VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 424
819
that may be imposed is recovery of loss but it does not follow that
any recovery of loss can be effected only after following the procedure
laid down in the Railway Servants (D&A) Rules.
(423)
Fresh inquiry / De novo inquiry
Ignoring the first inquiry report without any reason
and ordering de novo inquiry, not sustainable.
B. Balakishan Reddy vs. Andhra Pradesh State Electricity Board,
1997(8) SLR AP 347
The High Court of Andhra Pradesh observed that the first
inquiry report was in favour of the delinquent and it does not suffer
from any infirmity. There is no provision in the relevant rules giving
any power to the disciplinary authority to ignore the report of the inquiry
officer submitted to it and to direct a de novo inquiry. Order of the
disciplinary authority to ignore the first inquiry report without assigning
any reasons, and appointing another inquiry officer is not sustainable.
(424)
Penalty — recovery, on death of employee
On death, disciplinary proceedings for causing loss, abates.
Saroja Shivakumar vs. State Bank of Mysore,
1997(3) SLR KAR 22
On the death of the employee, disciplinary proceedings for
causing pecuniary loss to the Bank, which are pending, abates. High
Court directed the Bank to compute the difference in salary payable
to the deceased officer making adjustment of the subsistence
allowance paid to him and pay the balance to the petitioner, and to
pay entire balance of terminal benefits. High Court also held that
denial of compassionate appointment is improper.