Fresh disciplinary proceedings on the same allegations cannot be directed after earlier proceedings were set aside.

The first respondent, a Road Worker, challenged the seniority fixed for promotion to Road Inspector Grade-II.

The appellants and other employees had declared at appointment that they had failed the 10th Standard; later verification reportedly disclosed that they had passed it.

The Single Judge set aside the refixation of seniority and directed disciplinary proceedings against them.

The appellants appealed, contending that earlier charge memos concerning the same allegation had been challenged and the related writ petitions allowed in 2010.

1. Whether the Single Judge’s direction concerning refixation of seniority warranted interference in the appeal

2. Whether disciplinary proceedings could be initiated afresh on the same allegation when earlier proceedings concerning it had already been challenged and the related writ petitions allowed

The Court identified no specific statute or precedent as the basis for its decision.

It applied the principle that seniority must be refixed by the competent authority in accordance with the applicable rules and prescribed departmental procedure.

It also held that, in the circumstances of this case, a direction to initiate disciplinary proceedings afresh on the same allegation could not stand where earlier proceedings on that allegation had been initiated and the related writ petitions had been allowed.

The Court found no basis to disturb the direction requiring the competent authority to refix seniority under the applicable rules and departmental procedure.

However, it accepted that charge memos had already been issued on the same allegation and that the writ petitions challenging those proceedings had been allowed.

It therefore concluded that directing fresh disciplinary proceedings on that allegation was unsustainable.

The Court did not otherwise determine the merits of the allegation concerning the employees’ educational qualifications.

The direction to refix seniority in accordance with the applicable rules and prescribed procedure was confirmed; the direction to initiate disciplinary proceedings against the appellants and respondents 3 to 7 was set aside.

No costs were awarded, and the connected miscellaneous petition was closed.