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    <title>2008 (5) TMI 744 - Supreme Court</title>
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    <description>Appointment of a legal adviser as Enquiry Officer did not vitiate the disciplinary proceedings where the employee participated without objection and showed no prejudice; the defect was treated as a waivable procedural irregularity under the Staff Regulations. The Managing Director, though not competent to impose a major penalty, could validly place the enquiry findings before the Board of Directors because the Board was the appointing and penalty authority for Class A officers, and the absence of an express procedural rule did not invalidate that step. The disciplinary action was sustained and the challenge failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=301371</link>
      <description>Appointment of a legal adviser as Enquiry Officer did not vitiate the disciplinary proceedings where the employee participated without objection and showed no prejudice; the defect was treated as a waivable procedural irregularity under the Staff Regulations. The Managing Director, though not competent to impose a major penalty, could validly place the enquiry findings before the Board of Directors because the Board was the appointing and penalty authority for Class A officers, and the absence of an express procedural rule did not invalidate that step. The disciplinary action was sustained and the challenge failed.</description>
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