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1998 Supreme(SC) 1169

S.SAGHIR AHMAD, S.RAJENDRA BABU
Union Of India – Appellant
Versus
P. Thayagarajan – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. Rule 27(c) of the CRPF Rules authorizes the Disciplinary Authority to record findings on the enquiry report and to pass appropriate orders, including ordering a de novo enquiry if necessary (!) (!) .

  2. The Disciplinary Authority, who initiates departmental enquiries, has the power to order a fresh enquiry if there are vital procedural defects in the initial enquiry, such as irregularities or violations of the prescribed procedure (!) (!) .

  3. The procedure for recording evidence, especially oral evidence, must strictly adhere to the rules, which require that oral statements be directly recorded by the enquiry officer in the presence of the parties, and reliance on letters as statements without proper procedure constitutes a procedural violation (!) (!) .

  4. The authority to set aside an enquiry and order a de novo enquiry is within the powers of the Disciplinary Authority, provided there are procedural irregularities or defects that compromise the fairness of the enquiry (!) (!) .

  5. The power of the Disciplinary Authority to order a fresh or de novo enquiry is distinct from the powers of appellate authorities, and it is not correct to hold that only appellate authorities can direct such actions (!) (!) .

  6. The decision to set aside an enquiry should be based on procedural irregularities affecting the rights of the parties, rather than on the enquiry report's appeal to the authority, which aligns with the principles of natural justice (!) (!) .

  7. The High Court's reasoning that the Disciplinary Authority cannot order a de novo enquiry was found to be incorrect; the Disciplinary Authority has the inherent power to do so when procedural violations occur (!) (!) .

  8. The case emphasizes the importance of conducting departmental enquiries strictly in accordance with the prescribed rules to ensure fairness and justice, and it underscores that procedural violations can justify setting aside an enquiry and ordering a fresh one (!) (!) .

  9. The matter was directed to be completed expeditiously, within three months, to avoid undue delay, with the Disciplinary Authority expected to take an appropriate decision based on the enquiry (!) (!) .

  10. The appeal was allowed, and the order of the High Court was set aside, reaffirming the authority of the Disciplinary Authority to order a de novo enquiry when procedural irregularities are identified (!) (!) .

Please let me know if you require further analysis or assistance with this case.


Judgment

Rajendra Babu, J.-Leave granted.

2. The respondent, while discharging the duties as Asst. Sub-Inspector in CRPF at Guwahati, was transferred to Jammu by order dated May 31, 1991 and he was relieved on the same day to enable him to proceed to Jammu. The respondent failed to report for duty at Jammu but had remained absent on the ground that he was not well and he had been advised to take rest. He was served with memorandum of charges. The gist of it is as under :

1. That he did not report for duty at the office of the IGP(OPS), CRPF, J & K, Srinagar on his transfer/attachment and did not proceed to his new posting from present office as ASI(M) in GC, CRPF, Guwahati and thereby committed an act of disobedience of the orders of his superiors in the discharge of his duties in his capacity as a member of the force under Section 11(1) of CRPF Act, 1949;

2. That he committed an act of neglect of duty in his capacity as a member of the force inasmuch as he remained absent from duty from June 1, 1991 to September 2, 1991 without proper permission from the compe­tent authority and without sufficient cause, reason or ground thereby violated Section 1












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