Question :

A departmental Inquiry was initiated by CM. the Chief Minister appointed a DG ranked officer as Inquiry Officer. DG appointed his subordinate for inquiry n to conduct personal hearing instead of himself. final inquiry report is submitted with the signature of DG. Either this inquiry procedure satisfies the PEEDA Act and spirit of justice? Can be accused take a legal action against such style of inquiry? Now personal hearing is under a secretary. Should be accused convey the lapses in the inquiry as mentioned above? On this base can accused person request the competent authority to conduct inquiry again?
what is the right procedure and way to be adopted? Plz guide me in this context

Answer:

  1. Did DG appointed his subordinate in writing….? if no then it cant be challenged as it ‘ll be considered by DG as conducted by the DG himself. However, you may challenge it on other grounds, if a regular inquiry is not conducted.

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