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Precedent

A major penalty cannot be imposed without a regular inquiry and cross-examination

Citation: 2024 PLC(CS) 210 Court: Federal Service Tribunal Bench: Division Bench Decided: 15 Apr 2024

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Headnote

Where a major penalty is proposed, dispensing with a regular inquiry and denying the civil servant the right of cross-examination violates the Efficiency and Discipline Rules and the principles of natural justice.

Key holdings

  1. A regular inquiry is mandatory before imposing a major penalty.
  2. The delinquent official is entitled to cross-examine witnesses relied upon.
  3. The inquiry report must be supplied along with the show-cause notice.