Enquiry Officer Acting As Prosecutor And Leading Examination-In-Chief Vitiates Departmental Enquiry: Rajasthan High Court Reiterates

The Rajasthan High Court ruled that a departmental inquiry is invalid if the enquiry officer also assumes the role of the prosecutor. The case involved a public servant who challenged the fairness of his disciplinary proceedings, arguing that the officer conducting the enquiry had acted as both prosecutor and judge. The court agreed, stating that this dual role violated principles of natural justice, which require an unbiased and impartial adjudication process. This judgment underscores the importance of maintaining procedural fairness in departmental inquiries and serves as a warning against conflicts of interest in disciplinary actions.