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2018 (3) TMI 714 - HC - Indian LawsRestoration of validity of orders - respondent's unauthorized absence from duty and his absence from the Head Quarters during the period of his suspension, without prior approval of the competent authority - Disciplinary Authority had formed an opinion that a proper inquiry had not been conducted in this case - grievance of the petitioner/UOI is that the Tribunal erred in holding that in the garb of a further inquiry, a de novo inquiry had been ordered or that while remitting the inquiry, another Inquiry Officer had been appointed with a motive to get a favourable report. Held that: - It is not the case of the petitioner that the first Inquiry Officer (Ms.Archana Wadhwa, Member (Judicial), CESTAT) was not available or incapacitated to conduct the inquiry, when the inquiry had been remitted. From the inquiry report submitted by the first Inquiry Officer, it is clear that specific findings have been given in respect of each of the charges leveled against the respondent. We are unable to decipher any lawful reasons for the Disciplinary Authority to remit the inquiry report back to the IO for directing a further inquiry and simultaneously, for appointing some other Inquiry Officer and another Presenting Officer, despite the inquiry having been duly conducted, by giving an opportunity to both sides of leading evidence as per the list of witnesses and list of documents. The Tribunal has rightly held that such a procedure cannot be termed as a ‘further inquiry’ but for all effect and purposes, a fresh inquiry or a de novo inquiry as a ‘further inquiry’ is required to be held from the stage at which any infirmity in the procedure would have crept in, which is not the case herein. Even such a ‘further inquiry’ has to be done by the same Inquiry Officer unless and until the said Inquiry Officer is unavailable or incapacitated to conduct the entire inquiry. The learned Tribunal cannot be faulted in holding that under Rule 15(1) of the CCS (CCA) Rules, 1965, the Disciplinary Authority may remit the case to the same Inquiry Officer and not to a new Inquiry Officer. Petition dismissed with costs quantified as ₹ 10,000/-.
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