Manjeet Chhikara v. Haryana Astate Warehousing Corporation And Another

 

   



     

  

 

 




 


 

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H.P. State Electricity Regulatory Commission v. H.P. State Electricity Board 2013 INSC 670

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(1) No order of imposing a major penalty shall be passed against a person to whom these rules are applicable unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(2) Whenever the punishing authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government employee, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act. 1850, as the case may be, an authority to inquire into the truth thereof:

Provided that where there is a complaint of sexual harassment within the meaning of rule 6 of the Haryana Civil Services (Government Employees Conduct) Rules, 2016, the complaints committee established in each department or officer for inquiring into such complaints shall be deemed to be the inquiry officer appointed by the punishing authority for the purpose of these rules and the complaints committee shall hold, if separate procedure has


not been prescribed for the complaints committee for holding the inquiry into the complaints of sexual harassment, the inquiry as far as practicable in accordance with the procedure laid down in these rules........

(B) Submission of inquiry report-

(1) After the close of the enquiry, the inquiry officer shall prepare his report which inter-alia indicate the following:- (a) statement of charges and the allegations framed against the Government employees;

(b) his explanation, if any;

(c) oral and documentary evidence produced in support of the charges;

(d) oral and documentary evidence led in defence; (e) findings on the charges.

(2) The inquiry officer shall give clear findings on each of the charges so that the Government employee shall know from the findings on what ground he has been found guilty. Each finding shall be supported by evidence and reasons thereof. The findings are in the nature of a report to the competent authority to enable it to pass final orders. Such findings are to assist but do not bind him. He himself alone has to come to a final decision. Moreover, the inquiry officer shall not in any case recommend or propose any penalty.

(3) The inquiry officer, where it is not itself the punishing authority, shall forward to the punishing authority the records of inquiry which shall include─ (a) the report prepared by it under rule 7(B)(1); (b) the written statement of defence, if any, submitted by the charged person;

(c) the oral and documentary evidence produced in the course of the inquiry;

(d) written briefs, if any, filed by the presenting officer or the


charged person or both during the course of the inquiry; and (e) the orders, if any, made by the punishing authority and the inquiry officer in regard to the inquiry. (C) Action on inquiry report―

(1) After the enquiry against a charged person has been completed, the punishing authority shall forward or cause to be forwarded a copy of the enquiry report, and where the punishing authority does not agree with the enquiry report or any part thereof, the reasons for such disagreement shall be communicated alongwith the enquiry report, to the charged person who may submit, if he so desires, a written representation to the punishing authority within a period of one month from the date of such communication.

(2) The punishing authority shall consider the representation, if any, submitted by the charged person and record its findings before proceeding further in the matter as specified in rule 4. 3
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State of Andhra Pradesh v. S. Sree Rama Rao 1963 INSC 97



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