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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether substitution of one member of an inquiry committee after part of the evidence had been recorded vitiated the departmental proceedings for breach of natural justice and rendered the dismissal unsustainable.
Analysis: The disciplinary scheme under the Indian Railway Establishment Code required the charges, the written defence, the oral and documentary evidence, and the inquiry report to be recorded in writing. The inquiry committee functioned on the basis of the written record, while the disciplinary authority was required to consider that record independently and record its own findings. In such a process, the personal impression of any one member from observing a witness's demeanour could not control the final decision, because the committee was not the punishing authority and the report itself was only one step in the disciplinary process. The principles relied upon in cases concerning personal hearing before the deciding authority did not apply to this structure, and the later substitution of one committee member did not affect the fairness of the inquiry.
Conclusion: The change in the composition of the inquiry committee did not vitiate the proceedings, and the dismissal could not be set aside on the ground of breach of natural justice.
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