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Enquiry Officer's Leading Questions Vitiate Disciplinary Proceedings, Live Law Reports
✍️ Live Law
🗓 09 Sep 2026, 07:41 AM
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A Live Law report states that an enquiry officer's use of leading questions amounted to acting as a prosecutor, which vitiated the disciplinary proceedings. The observation highlights concerns over procedural fairness in such inquiries.
The report published by Live Law points out that during a disciplinary inquiry, the enquiry officer repeatedly posed leading questions to the concerned party. Such questioning was deemed to cross the line from neutral fact‑finding to prosecutorial advocacy.
Legal experts cited in the article note that when an enquiry officer assumes the role of a prosecutor, the integrity of the proceedings is compromised. This can lead to the entire disciplinary action being set aside on grounds of bias or procedural irregularity.
The observation serves as a reminder for authorities conducting departmental inquiries to maintain strict neutrality and avoid any form of suggestive questioning that could prejudice the outcome.
Legal experts cited in the article note that when an enquiry officer assumes the role of a prosecutor, the integrity of the proceedings is compromised. This can lead to the entire disciplinary action being set aside on grounds of bias or procedural irregularity.
The observation serves as a reminder for authorities conducting departmental inquiries to maintain strict neutrality and avoid any form of suggestive questioning that could prejudice the outcome.