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of <h1>SET report is preliminary; cannot be used to indict employee in disciplinary enquiry; personal hearing and reasoned order required</h1> <h3>SAMEER DNYANDEV WANKHEDE Versus UNION OF INDIA & ORS.</h3> SAMEER DNYANDEV WANKHEDE Versus UNION OF INDIA & ORS. - TMI Writ petition under Articles 226 and 227 challenged the Central Administrative Tribunal's order insofar as it did not quash findings of a Special Enquiry Team (SET) chaired by respondent No. 4. Petitioner ultimately sought only a clarification that the SET findings 'will not be used against the petitioner in the departmental enquiry.' Respondents did not oppose the limited prayer, and the court noted the settled principle that findings of a preliminary enquiry cannot be used to indict an employee in a departmental proceeding. The tribunal's para 9 was quoted: 'Respondent No. 4, in our opinion, being actively involved in the investigation could not have been the part of SET... taking note of the arguments of the respondents that impugned SET report is preliminary in nature and the respondent Nos. 1 or 5 have to take independent decision... we are of the opinion that the interest of justice would be subserved by directing the respondent Nos. 1 or 5 to grant personal hearing to the applicant before initiating any action... and the decision so taken shall be communicated to him by passing a reasoned and speaking order.' Petition disposed as not pressed, with clarification that evidence recorded in the SET will not be relied upon in any departmental enquiry.
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