TaxTMI 
TaxTMI 
1996 (1) TMI 382
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....er. A Deputy Superintendent of Police was appointed as an enquiry officer. He framed the charges and served the same on the respondent. He then held an enquiry and submitted his report to the Deputy Inspector General of Police who was competent to award the proposed penalty. The Dy. Inspector General of Police agreed with the findings recorded by the enquiry officer and imposed the penalty of compulsory retirement by an order dated 26.3.91. The respondent filed an appeal against that order to the Inspector General of Police who dismissed it by an order dated 16.7.91. The respondent then filed O.A. No. 4236 of 1991 before the Tamil Nadu Administrative Tribunal. It was contented before the Tribunal that only the authority competent to awar....
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....n O.A. have filed this appeal. The order of the Tribunal is challenged on the ground that it is based on an erroneous interpretation of Rule 3(b). It was submitted that Rule 3(b) does not specifically or even by necessary implication so provide and no such requirement can justifiably be read into it. Rule 2 of the said Rules specifies the penalties that can be imposed upon members of the service. Compulsory retirement is specified is a penalty in clause (h) of that Rule 2. A Provides that the Governor or any other authority empowered by him by general or special order can institute disciplinary proceeding against any member of the service. Rule 4 specifies the authorities which can impose the penalties prescribed in Rule 2. Rule 3 pro....
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.... statement of his defence and to state whether he desires an oral inquiry or only to be heard in person. An oral inquiry shall be held if such an inquiry is desired by the person charged or is directed by the authority concerned. At that inquiry oral evidence shall be heard as to such of the allegations as are not admitted, the person charged shall be entitled to cross-examine the witnesses to give evidence in person and to have such witnesses called as he may wish, rovided that the officer conducting the inquiry may, for special and sufficient reason to be recorded in writing refuse to call a witness. After the inquiry has been completed, the person charged shall be entitled to put in, if he so desires, any further written statement of his....
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....ent of Police who after holding an enquiry sent his report to the Inspector General of Police who ultimately dismissed the Sub Inspector of Police from service. The order of dismissal from service was challenged before the High Court of Madhya Pradesh on the ground that the enquiry held by Superintendent of Police was against the mandate of Article 311(1) of the Constitution as he was incompetent to conduct the enquiry. The Sub Inspector of Police was appointed by the Inspector General of Police. The High Court allowed the petition. The State preferred an appeal to this Court. Rejecting the contention that the guarantee given under Article 311(1) includes within itself a further guarantee that he disciplinary proceedings resulting in dismis....
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....eld that initiation of disciplinary enquiry can be by an officer subordinate to the appointing authority. These decisions fully support the contention to the learned counsel for the appellants that initiation of a departmental proceeding and conducting or enquiry can be by an authority other than the authority competent to impose the proposed penalty. As to who shall initiate and conduct a disciplinary proceeding, the Rules are silent. Rule 2 A which provides that the Governor or any other authority empowered by him may institute disciplinary proceedings is an enabling provision. From the way it is worded it is not possible to infer that the rule making authority intended to take away the power of otherwise competent authorities, like th....