https://www.taxtmi.com/caselaws?id=396967 A departmental finding is unsustainable where the enquiry travels beyond the charge-memo and fails to address the specific statutory violations alleged, instead relying on general financial practice. The enquiry report must also be supplied before the disciplinary authority takes a final decision when the enquiry officer is separate; furnishing it only with the penalty order denies an effective opportunity to respond and breaches natural justice. A cryptic appellate order that does not deal with the grounds raised, and any promotion cancellation founded solely on a vitiated penalty, cannot survive. The note states that the disciplinary proceedings, penalty, appellate affirmation, and consequential cancellation of promotion were liable to be set aside. en-us Fri, 24 Jul 2020 00:00:00 +0530 Tue, 28 Jul 2020 14:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=396967 A departmental finding is unsustainable where the enquiry travels beyond the charge-memo and fails to address the specific statutory violations alleged, instead relying on general financial practice. The enquiry report must also be supplied before the disciplinary authority takes a final decision when the enquiry officer is separate; furnishing it only with the penalty order denies an effective opportunity to respond and breaches natural justice. A cryptic appellate order that does not deal with the grounds raised, and any promotion cancellation founded solely on a vitiated penalty, cannot survive. The note states that the disciplinary proceedings, penalty, appellate affirmation, and consequential cancellation of promotion were liable to be set aside. Case-Laws Indian Laws Fri, 24 Jul 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=396967