Facts
The petitioner was charge-sheeted on 11 February 2020.
Source reference: para. 2–5, 11–12The Enquiry Officer completed the departmental inquiry and submitted a report dated 12 August 2021.
Source reference: para. 2–5, 11–12Thereafter, the Inspector General of Registration directed a fresh inquiry into the same charges.
Source reference: para. 2–5, 11–12The petitioner challenged the orders dated 30 November 2022 and 12 June 2024, arguing that a further inquiry could be directed only in accordance with Rule 15 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966
Source reference: para. 2–5, 11–12Issues
Whether, after the departmental inquiry had concluded and the inquiry report had been submitted, the Disciplinary Authority could direct a fresh inquiry into the same charges without recording reasons under Rule 15 of the CCA Rules
Source reference: para. 8Law Applied
Rule 15(1) of the CCA Rules permits the Disciplinary Authority, for reasons recorded in writing, to remit a case to the Inquiring Authority for further inquiry and report.
Source reference: para. 9–10It does not permit a fresh inquiry into the same charges to be ordered without identifying reasons for further inquiry or a defect in the inquiry already conducted
Source reference: para. 9–10The petitioner also relied on K.R. Deb v. Collector of Central Excise, Shillong, AIR 1971 SC 1447, for the principle that an inquiry may be continued or supplemented to address a defect, but the earlier inquiry cannot simply be set aside and a fresh one ordered merely because its report is unacceptable
Source reference: para. 5Reasoning
The Court found that the inquiry under the 2020 charge-sheet had been completed and the report submitted.
Source reference: para. 11–13The subsequent order directed a fresh inquiry into the same charges but gave no specific reason why the earlier inquiry was defective, why further inquiry was necessary, or what evidence required examination.
Source reference: para. 11–13The direction therefore did not satisfy Rule 15(1)’s requirement that reasons be recorded in writing
Source reference: para. 11–13Holding
The Court held that the direction for a fresh inquiry could not be sustained in the absence of compliance with Rule 15.
It quashed the orders dated 12 June 2024 and 30 November 2022, while leaving the respondents at liberty to proceed against the petitioner in accordance with law and the CCA Rules, if permissible.
Source reference: para. 14–16The Court expressed no opinion on the merits of the charges
Source reference: para. 14–16Original Court PDF
SET RAM CHOUHANvsSTATE OF CHHATTISGARH
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