- (1.)Leave granted.
(2.)The question for our consideration is whether paragraph 23.7.2 of the Procedure for Taking Disciplinary Action: Award Staff of the State Bank of India relating to the change of an inquiry officer holding a departmental inquiry is mandatory or directory in nature. The said paragraph reads as follows:
"23.7.2 E.O. should not be changed after the commencement of inquiry

Once the enquiry has commenced i.e. witness, etc., have been produced and examined, an Enquiry Officer should not be changed as it is desirable that an authority who hears the arguments should decide the case. Allegation of bias or prejudice, if any, received against the Enquiry Officer, based on facts and reasonable grounds, should be properly examined by the disciplinary authority and reasons for continuing the existing officer or changing him should be recorded."

(3.)In our opinion, the first part of the said paragraph is enabling in nature and cannot be interpreted as being mandatory. The second part of the said paragraph requiring the recording of reasons is mandatory but in the facts of this case, the failure of the State Bank of India to record reasons is not fatal to the inquiry held against the Respondent.
The Facts