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2015 (2) TMI 953 - SC - Indian LawsViolation of The All India Services (Conduct) Rules, 1968 - Rejection of Enquiry report - Power of state to Second enquiry and appoint a Board of Enquiry - Rule 8(3) of the All India Services (Discipline and Appeal) Rules, 1969 - Held that:- All the parties - the appellant, the respondents and the Central Administrative Tribunal and the High Court proceeded on the basis that the IMPUGNED order constituting a two member Enquiry Board under Rule 8(3) of the DISCIPLINE Rules is an order constituting such a Board under the provisions of the Public Servants (Inquiries) Act, 1850. We do not see any basis for such a conclusion. The IMPUGNED order nowhere refers to the Public Servants (Inquiries) Act, nor there is anything in Rule 8(3) which suggests that whenever a multi-member Board is appointed as an Enquiring Authority, such a Board could be appointed only under provisions of the Public Servants (Inquiries) Act. The language of Rule 8(2) is wide enough to enable the disciplinary authority to appoint either a single member Enquiring Authority or a multi-member Board to inquire into the misconduct of a delinquent officer. The issue is not really whether the Enquiring Authority should be a single member or a multi member body, but whether a second inquiry such as the one under challenge is permissible. A Constitution Bench of this Court in K.R. Deb [1971 (4) TMI 94 - SUPREME COURT], examined the question in the context of Rule 15(1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1957. It was held that there is no provision in Rule 15 for completely setting aside previous inquiries on the ground that the report of the Inquiring Officer or Officers does not appeal to the Disciplinary Authority. The Disciplinary Authority has enough powers to reconsider the evidence itself and come to its own conclusion under Rule 9. The scheme of Rule 8 of the DISCIPLINE Rules and Rule 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 are similar. Therefore, the principle laid down in Deb’s case [1971 (4) TMI 94 - SUPREME COURT], in our opinion, would squarely apply to the case on hand. We are at a loss to comprehend how the filing of the writ petition containing allegations that the Government of India is lax in discharging its constitutional obligations of establishing the rule of law can be said to amount to either failure to maintain absolute integrity and devotion to duty or of indulging in conduct unbecoming of a member of the service. Even otherwise, the IMPUGNED order, in our opinion is wholly untenable. The purpose behind the proceedings appears calculated to harass the appellant since he dared to point out certain aspects of mal-administration in the Government of India. The whole attempt appears to be to suppress any probe into the question of black money by whatever means fair or foul. The present impugned proceedings are nothing but a part of the strategy to intimidate not only the appellant but also to send a signal to others who might dare in future to expose any mal-administration. The right to judicial remedies for the redressal of either personal or public grievances is a constitutional right of the subjects (both citizens and non-citizens) of this country. Employees of the State cannot become members of a different and inferior class to whom such right is not available. The appeal is allowed. The judgment under appeal is set-aside. Consequently, the O.A. stands allowed as prayed for. The respondents are liable jointly and severally to pay costs to the appellant which is quantified at ₹ 5,00,000/- (rupees five lakhs). – Decided in favour of appellant.
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