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UCO Bank – Appellant
Versus
Rajinder Lal Capoor – Respondent
Based on the provided legal document, the authority of an inquiry officer to frame charges is governed by the applicable regulations. Specifically, under the regulations discussed, the disciplinary authority is responsible for framing definite and distinct charges based on the allegations against the employee. The inquiry officer, appointed by the disciplinary authority, may conduct the inquiry once the charges are framed and communicated to the employee.
The document clarifies that the framing of charges is a step that falls under the disciplinary authority's domain, not the inquiry officer's. The inquiry officer's role is to investigate and report on the charges once they have been properly framed and communicated. Therefore, the inquiry officer does not have the authority to independently frame charges; this is the responsibility of the disciplinary authority.
In summary, the inquiry officer cannot frame charges on their own; charges must be framed by the disciplinary authority and then communicated to the employee for inquiry (!) (!) (!) .
Judgement
1. S. B. SINHA, J. :- Review Petitioners herein have filed this application for review of this Courts judgment and order dated 18-05-2007 passed in Civil Appeal No. 2739 of 2007.
Reported in 2007 AIR SCW 3656 : AIR 2007 SC 2129
2. Respondent was working with the appellant-Bank. Almost immediately prior to his retirement, he was asked to show cause as to why action under the UCO Bank (Officers) Service Regulations, 1979 (for short "the 1979 Regulations") should not be taken against him by notices dated 24-10-1996 and 30-10-1996.
3. Respondent reached his age of superannuation on 30-11-1996. A disciplinary proceeding was initiated against him immediately thereafter. A charge-sheet, however, was issued only on 13-11-1998. He was dismissed from service upon initiating a departmental proceedings.
4. A writ petition filed by him was allowed. Petitioner-Bank filed an appeal upon grant of special leave thereagainst. One of the questions which arose for consideration before this Court was whether in absence of any charge-sheet having been issued, the disciplinary proceedings could be said to have been initiated in view of the decisions of this Court in Union of India etc. etc. v. K.V.
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