Rahul Kandharkar Law Relating To Departmental Enquiries

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• Natural Justice: The book explores the principles of natural justice, emphasizing the right to a fair hearing and the rule against bias in departmental proceedings.

• Test of Prejudice: It examines how prejudice is assessed in the context of departmental inquiries, ensuring that decisions are made impartially.

• Delay in Initiation of Enquiry: The author discusses the implications of delays in initiating inquiries and their impact on the fairness of the process.

• De Novo Enquiry: The book covers the concept of conducting a fresh inquiry, particularly when previous proceedings are deemed flawed.

• Assistance by Lawyers: It addresses the role of legal counsel in departmental inquiries, including the rights of the charged officer to legal representation.

• Dismissal from Service: The author provides insights into the procedures and legal considerations involved in dismissing an employee from service.

• Effects of Retirement: The book examines how retirement affects ongoing departmental inquiries and the continuation of disciplinary actions.

• Judicial Review: It discusses the scope of judicial review in departmental inquiries, highlighting the balance between administrative discretion and legal oversight.

• Production/Inspection/Supply of Documents: The author explores the rights of the charged officer regarding access to documents and evidence during the inquiry process.

• Limitations: The book outlines the time constraints and procedural limitations applicable to departmental inquiries.

• Criminal Proceedings: It delves into the relationship between departmental inquiries and concurrent criminal proceedings, addressing potential conflicts and procedural nuances.

• Appreciation of Evidence: The author provides guidance on evaluating and interpreting evidence within the framework of departmental inquiries.

• Enquiry Procedure: The book offers a detailed overview of the procedural steps involved in conducting a departmental inquiry.

• Punishing Authority: It examines the authority responsible for imposing penalties and the legal standards governing such decisions.