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Departmental enquiry

(Querist) 20 June 2018 This query is : Resolved 
Sir
can a departmental enquiry be reopen if the Disciplinary authority has quashed the enquiry report and exonerate the charged officer from the charges levelled against him
Guest (Expert) 20 June 2018
Rather than putting an academic query, you may discuss your real problem, if you want some solution and with what is the background of your doubt?
Guest (Expert) 20 June 2018
Rather than putting an academic query, you may discuss your real problem, if you want some solution and with what is the background of your doubt?
Guest (Expert) 20 June 2018
Rather than putting an academic query, you may discuss your real problem, if you want some solution and with what is the background of your doubt?
K Rajasekharan (Expert) 20 June 2018
No fresh enquiry is legally permissible with the same set of facts.

However if some new facts come up afresh, a fresh enquiry is possible on those issues. But if those fresh facts have some bearing on the basic facts enquired into earlier, a further inquiry can be conducted and the disciplinary authority can take action on the officer on the basis of the report.
Sudhir Kumar, Advocate Online (Expert) 21 June 2018
No facts have been state3d only question paper is set5 for promotion examination
In the present query you have just casked "can ............"

the reply is

"yes"

So please give full facts so that a comprehensive view can be formed.
Ms.Usha Kapoor (Expert) 21 June 2018

I agree with Raja Sekharan
Guest (Expert) 21 June 2018
Ms. Usha Kapoor, the question is about reopening of the inquiry, when the disciplinary authority has already exonerated the querist by quashing of the inquiry report. Mr. K. Rajasekharan has not touched that issue in his reply. So, on what specific point you preferred to agree with him, when you don't know the nitty gritty of a departmental inquiry?
Guest (Expert) 21 June 2018
Ms. Usha Kapoor, the question is about reopening of the inquiry, when the disciplinary authority has already exonerated the querist by quashing of the inquiry report. Mr. K. Rajasekharan has not touched that issue in his reply. So, on what specific point you preferred to agree with him, when you don't know the nitty gritty of a departmental inquiry?
Guest (Expert) 21 June 2018
Ms. Usha Kapoor, the question is about reopening of the inquiry, when the disciplinary authority has already exonerated the querist by quashing of the inquiry report. Mr. K. Rajasekharan has not touched that issue in his reply. So, on what specific point you preferred to agree with him, when you don't know the nitty gritty of a departmental inquiry?
Guest (Expert) 21 June 2018
Ms. Usha Kapoor, the question is about reopening of the inquiry, when the disciplinary authority has already exonerated the querist by quashing of the inquiry report. Mr. K. Rajasekharan has not touched that issue in his reply. So, on what specific point you preferred to agree with him, when you don't know the nitty gritty of a departmental inquiry?
Guest (Expert) 21 June 2018
Ms. Usha Kapoor, the question is about reopening of the inquiry, when the disciplinary authority has already exonerated the querist by quashing of the inquiry report. Mr. K. Rajasekharan has not touched that issue in his reply. So, on what specific point you preferred to agree with him, when you don't know the nitty gritty of a departmental inquiry?
Guest (Expert) 21 June 2018
Ms. Usha Kapoor, the question is about reopening of the inquiry, when the disciplinary authority has already exonerated the querist by quashing of the inquiry report. Mr. K. Rajasekharan has not touched that issue in his reply. So, on what specific point you preferred to agree with him, when you don't know the nitty gritty of a departmental inquiry?
Ms.Usha Kapoor (Expert) 21 June 2018
I agree with experts.
Ms.Usha Kapoor (Expert) 22 June 2018

I agree with Sudhir Kumar.


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