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entitled to benefit of Art. 311-Preliminary enquiry
and departmental enquiry- Latter does not attract Art.
311(2)-Constitution ... heard therein. No regular departmental enquiry
however followed and the proceedings were dropped. Claiming
that he is a quasi permanent
Supreme Court of India
well as charges
made in the charge sheet. A departmental enquiry was ordered and as per
Departmental Enquiry Reported dated ... leave.
The charges made against the appellant in the departmental enquiry is
reproduced hereunder:
"That total income from wages, interest
Supreme Court of India
Court was not right in directing stay of the
departmental enquiry on the ground that is would cause
prejudice ... rash and negligent
driving of the respondent. In the departmental enquiry, the
misconduct relates to his failure to anticipate
Supreme Court of India
Tribunal regarding merits of
case--Scope of--Procedure of departmental
enquiry--Industrial Disputes Act, 1947 (14 of 1947).
HEADNOTE ... justified and the findings recorded against him at the
departmental enquiry were baseless. As regards Mohd. Mia.
the Tribunal held
Supreme Court of India
only mandates the
investigation of cases pertaining to departmental enquiries
and the holding of departmental enquiries in accordance with ... mandate would govern criminal
prosecutions as well as departmental enquiries in equal
measure and as such any prosecution launched
Supreme Court of India
this could be done only by holding a departmental enquiry.
The appellant was reverted to facilitate the departmental
enquiry against ... Superintendent of Police. It was further
averred that the departmental enquiry instituted against the
appellant had nothing to do with
Supreme Court of India
Adminstrative Law-Departmental enquiry-Principles of
natural justice.
HEADNOTE:
Indian Railways Establishment Code, Vol. I r. 1730-
Right of delinquent ... which prescribes the procedure for holding a departmental
enquiry. There is nothing in the rule about engagement of a
lawyer
Supreme Court of India
There can be no doubt
that suspension pending a departmental enquiry or a criminal
proceeding falls within the word 'disciplinary ... appointing authority as
an interim measure pending departmental enquiry or criminal
proceeding and by no other authority. He was liable
Supreme Court of India
said decision of the
appellants to hold a departmental enquiry while a criminal trial on
identical facts was pending against ... appellant, atleast to permit it to proceed with the departmental
enquiry in regard to the charge No.3 which
Supreme Court of India
subsistence allowance already paid to her.
Meanwhile, Departmental Enquiry was instituted against the respondent herein
in respect of the aforementioned ... erroneous impression that both
the criminal proceedings and the departmental enquiry were based upon identical set of
facts and that
Supreme Court of India
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