WHETHER THE EMPLOYER ON RECEIPT OF THE REPORT HOLDING THE RESPONDENT GUILTY, CAN ALTER THE REPORT OR MODIFIES THE FINDINGS OR ALTER?
NO: The Employer may accept or may not, but so such modifications or alterations or suggest the IC to modify etc are not permissible. The Employer, on receipt of the report, shall act upon the recommendation within sixty days of tis receipt by him.
Sec.13 (3) of the Act provides:
That report of the Committee shall have to be deemed as equally as enquiry report in a domestic enquiry.
It has to be treated as finding in disciplinary enquiry.Finding and report of the IC shall not be treated as a mere preliminary investigation but a finding in enquiry.
Saritha Verma Vs New Delhi Municipal Corporation.2016 LLR 785.Del.HC.