https://www.taxtmi.com/caselaws?id=303242 Under the CRPF Rules, 1955, the absence of a Presenting Officer does not by itself vitiate a departmental inquiry because the rules do not make such appointment mandatory. However, where the Inquiry Officer abandons the role of impartial adjudicator and assumes the function of prosecutor by leading prosecution evidence, the inquiry becomes unfair and is vitiated for breach of natural justice. The defect is treated as prejudicial because bias is inherent once neutrality is lost. Mere non-appointment is therefore insufficient, but inquiry proceedings conducted in a biased manner can justify setting aside the disciplinary action and permitting fresh proceedings from the stage directed. en-us Mon, 02 Jul 2018 00:00:00 +0530 Mon, 11 Jul 2022 09:05:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303242 Under the CRPF Rules, 1955, the absence of a Presenting Officer does not by itself vitiate a departmental inquiry because the rules do not make such appointment mandatory. However, where the Inquiry Officer abandons the role of impartial adjudicator and assumes the function of prosecutor by leading prosecution evidence, the inquiry becomes unfair and is vitiated for breach of natural justice. The defect is treated as prejudicial because bias is inherent once neutrality is lost. Mere non-appointment is therefore insufficient, but inquiry proceedings conducted in a biased manner can justify setting aside the disciplinary action and permitting fresh proceedings from the stage directed. Case-Laws Indian Laws Mon, 02 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303242