DEMAND AN AD-HOCK DA IF CURRENT DA IS INTERFERING IN THE INQUIRY PROCEEDINGS ------

DEMAND AN AD-HOCK DA IF CURRENT DA IS INTERFERING IN THE INQUIRY PROCEEDINGS ------

Shukla sir ,namskar ,

I am a senior manager in Canara bank near by NewDelhi , I am defending a CSO ,our cause of worry is IO is changing his rulings in every proceedings , during course of inquiry proceedings he is consulting with HR DEPT along with DA & thus ulters his earlier rulings ,in short DA’s interference is clearly visible so it is sure & certain that we won’t get justice from current DA we have raised the matter with IO in inquiry proceedings to which IO has noted with remarks that I cann’t violate instructions of higher authority ,so please suggest us what we should do? I heard much about adhock DA can we demand like that ?

(Reced through a sr manager canara bank via email )

RESPONDING TO SR MANAGER CANARA BANK (DR) AS UNDER --------

Dear friend , namskar ,

Rules with regard to power of Review & Revision .----

It is well established that a quasi-judicial authority (IO) can’t review it’s own decision unless power of review is expressly conferred on it by the statute under which it derives as directed by the apex court in Dr.K Gupta v/s Hindu K.M. Sitapur A.I.R.1987 SC 2186 Bank employees service rules and disciplinary action

has no express provisions of review clause for the quasi-judicial authority (IO)

NARRATE ALL THE RULINGS THAT IO CHANGED DUE TO INTERFERENCE OF DA --------

RULING DATED----- -------- CHANGED AFTER Das INTERFERENCE

so It confirms that the inquiry officer has exceeded his power due to unlawful interference of DA affecting the inquiry officer’s discretion & right now the proceeding conducting by the inquiry officer is vitiated

DEMAND TO APPOINT AN AD-HOCK DA TO DA -----

So is it requested to appoint ad-hoc disciplinary authority who can conduct fare hearings under the strict guidance of natural justice.

DA shall have no alternative except to appoint ad-hock DA or will refer the matter to his higher authority ,if this exercise is not done then in the court of law the whole inquiry proceedings will be set aside .