REVISIONAL AUTHORITY CANNOT CANCEL A CONCLUDED DISCIPLINARY INQUIRY TO INITIATE A FRESH DE NOVO PROCEEDING.

The Petitioner, a Junior Clerk in the Railway Protection Force (RPF), was served a minor penalty chargesheet (SF-11) in 2021 for allegedly concealing a police complaint filed by his wife and contracting a bigamous second marriage.

Following a full-fledged departmental enquiry (DE) where evidence was recorded, a punishment of withholding one increment for one year without cumulative effect was imposed.

Subsequently, the Revisional Authority, exercising suo moto powers under Rule 25.1(v) of the Rules of 1968, cancelled the enquiry proceedings—branding the first DE a "preliminary enquiry"—and directed a fresh major penalty chargesheet.

A second enquiry was conducted on identical charges, resulting in the Petitioner’s dismissal from service on 03.01.2025.

The Petitioner challenged this dismissal after the Central Administrative Tribunal (CAT) dismissed his Original Application.

1. Whether the Railways had the authority under Rule 25 of the Rules of 1968 to nullify a completed departmental enquiry and initiate a second enquiry on identical charges.

2. Whether the punishment of dismissal from service was shockingly disproportionate to the nature of the alleged misconduct.

3. Whether the employer can prove the "factum of marriage" in a departmental enquiry while a criminal case for bigamy (Section 494 IPC) is pending before a competent court.

Rule 25 of the Railway Servants (Discipline & Appeal) Rules, 1968, which governs the Revisional Authority’s power to modify, set aside, or enhance penalties.

Rule 21(2) of the Railway Services (Conduct) Rules, 1966, which prohibits bigamous marriages.

The principle established in Ramrao s/o Maroti Shinde v. Union of India (2022) to hold that once an enquiry is concluded and punishment acted upon, a second DE is illegal.

The doctrine of "shocking disproportionality" regarding the quantum of punishment and the jurisdictional precedence of judicial verdicts in criminal trials (Section 494 IPC) over departmental findings regarding the validity of a marriage.

The Court reasoned that the Revisional Authority exceeded its jurisdiction under Rule 25.1(v) by cancelling a completed DE. The Power to "remit" or "direct further enquiry" does not equate to wiping out an entire record to start afresh solely because the authority finds the penalty "inadequate".

The Court rejected the Railways' attempt to re-label the first DE as a "preliminary enquiry," noting that a formal chargesheet and recording of evidence had occurred.

On proportionality, the Court found that dismissal for a personal marital dispute, which had not yet been proven in a criminal court, amounted to "civil death" and was excessive.

The Court observed that the Railways should have deferred to the Competent Criminal Court (RCC No. 95 of 2022) to decide the factum of bigamy, as a judicial acquittal would render the departmental finding of a second marriage unsustainable.

The Court partly allowed the Petition, setting aside the judgment of the Tribunal and the dismissal order. The Petitioner was ordered to be reinstated from 04.05.2026, with the punishment modified to the stoppage of two increments for three years and total deprivation of back wages for 15 months, with liberty to seek a refund if eventually acquitted of bigamy.