What are the obligations of the Disciplinary Authority in case he differs with the finding of the Enquiry Officer exonerating a delinquent employee and proposes to hold him guilty and punish him?
The Supreme Court has succinctly summarized the obligations as follows. In case the Disciplinary Authority differs with the view taken by the Enquiry Officer, he is bound to give a notice setting out his tentative conclusions to the delinquent employee. The report of the Enquiry Officer containing its finding will have to be conveyed and the delinquent employee will have an opportunity to persuade the Disciplinary Authority to accept the favourable conclusion of the Enquiry Officer. It is only after hearing the delinquent employee that the Disciplinary Authority would at all arrive at a final finding of guilt. Thereafter, the delinquent employee would again have to be served with a notice relating to the punishment proposed.
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