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TMI Blog1994 (1) TMI 308X X X X Extracts X X X X X X X X Extracts X X X X ..... harges 1 and 5 are established and charges 3 and 4 are not established. So far as charge 2 is concerned he disagreed with the Enquiry Officer. The disciplinary authority held that the said charge to have been fully established. So far as charge 6 is concerned, he again disagreed with the Enquiry Officer and held it partially established. Accordingly, he imposed the punishment of removal from service by an order dated 8-5-1984. The respondent filed an appeal to the appellate authority prescribed by the service regulations. The appellate authority dismissed the appeal on 25-1-1985 under the following order: With reference to your appeal dated 31-8- 1984, we have to advise that the said appeal was placed by us before the Local Board ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the order of punishment is prior to 20-11-1990. 6. So far as the second ground is concerned, we are unable to see any substance in it. No such fresh opportunity is contemplated by the regulations nor can such a requirement be deduced from the principles of natural justice. It may be remembered that the Enquiry Officer's report is not binding upon the disciplinary authority and that it is open to the disciplinary authority to come to its own conclusion on the charges. It is not in the nature of an appeal from the Enquiry Officer to the disciplinary authority. It is one and the same proceeding. It is open to a disciplinary authority to hold the inquiry himself. It is equally open to him to appoint an Enquiry Officer to conduct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e authority to pass a speaking order even if it is an order of affirmance. For the purpose of this case, we shall assume the said view to be the correct one. Even so we are not satisfied that the appellate order is not a speaking order. We have already extracted the appellate order in full hereinbefore, which shows that it considered at length the facts of the case including the fact that the appellate authority (sic disciplinary authority) had differed from the findings of the Enquiry Officer in respect of the two charges. The appellate authority then says that it considered the relevant grounds of appeal and after considering the facts of the case came to the conclusion that there was no substance in the appeal. In view of the fact that i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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