01Facts
The petitioner, an Assistant Sub-Inspector (Ministerial), lodged complaints dated 12.02.2025 and 12.02.2026 alleging financial irregularities by certain officers.
¶ 1–2An inquiry was initiated on 12.03.2026; the appointed Inquiry Officer recorded the petitioner’s statement, examined 12 witnesses and collected documents.
¶ 1–2While the inquiry was nearing completion, the authority changed the Inquiry Officer by order dated 26.05.2026 and, by order dated 19.06.2026, directed a fresh inquiry before another officer.
¶ 1–2The petitioner challenged those orders, alleging arbitrariness and victimisation; he also relied on his subsequent suspension on 20.08.2026, which he said followed his complaints
¶ 1–202Issues
i.Whether the change of Inquiry Officer and direction for a fresh inquiry warranted interference under the Court’s writ jurisdiction
¶ 1, 5–6ii.Whether the petitioner, as complainant in the departmental inquiry, could challenge the inquiry procedure on the grounds of mala fides, victimisation or prejudice
¶ 6–703Law Applied
The Court stated that the conduct of an inquiry, including the appointment or change of an Inquiry Officer, lies within the competent authority’s administrative domain. A change of Inquiry Officer, by itself, does not justify writ-court interference unless a statutory provision has been violated or legally sustainable prejudice is demonstrated
¶ 5The Court also held that a complainant cannot dictate or interfere with the procedure of a departmental internal inquiry. No statute or precedent was cited in the order.
¶ 704Reasoning
The petitioner did not establish that the challenged orders breached any statutory provision or that changing the Inquiry Officer caused legally sustainable prejudice.
¶ 5–7The allegations of mala fides and victimisation were unsupported by sufficient material. Since the petitioner was the complainant, he could not control the department’s choice of Inquiry Officer or the conduct of its internal inquiry. The Court therefore found no basis to interfere with the orders
¶ 5–705Holding
The Court answered the issues against the petitioner and dismissed the writ petition as devoid of merit at the motion stage.
¶ 8The orders dated 26.05.2026 and 19.06.2026 were not set aside
¶ 8Original Court PDF
VINOD VISHWAKARMAvsSTATE OF CHHATTISGARH
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