I have previously replied in detail to a similar question in respect of a major penalty, namely, Preliminary enquiry – whether necessary before major penalty charge sheet and can a junior officer conduct it?
The answer to that question is mostly applicable to your question also. So, please read that.
In fact, as I have mentioned in the aforesaid answer, a preliminary enquiry may not be necessary even where it is proposed to impose a major penalty. A minor penalty procedure is quite limited and brief, in comparison. Therefore, it is not mandatory for the disciplinary authority to first conduct or cause to be conducted a preliminary enquiry before imposing a minor penalty. It is as per the discretion of the authority, depending on facts of the case.
As I have mentioned in the above answer, a preliminary enquiry is different from the regular inquiry which is held after communicating to the delinquent officer the charge or the imputation of misconduct or misbehaviour. So, there should not be any confusion in this regard.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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