Enquiry vitiated if Enquiry Officer acts as prosecutor also: Raj. HC

Enquiry vitiated if Enquiry Officer acts as prosecutor also: Raj. HC

Rajasthan High Court in Mahendra Singh vs. Union of India S.B.C.W.P 5065/2002 on September 3, 2024, addressed issues of procedural fairness in disciplinary inquiries. The Court noted that the Enquiry Officer had acted improperly by serving as both prosecutor and judge, which compromised impartiality. This finding was based on the Supreme Court’s principle that an adjudicator must be unbiased, must not act as a prosecutor, and must not use personal knowledge or external influences in the inquiry. As the Enquiry Officer’s dual role violated these principles, the High Court set aside the dismissal order and directed that a new, impartial inquiry be conducted.

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November 2024

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