Judgment :

AFTAB ALAM, J.

1. Leave granted.

2. This appeal raises the question regarding the validity of a departmental inquiry, under rule 14 (2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 held and conducted by an Inquiry Officer who was not a serving officer but whose name was taken from a panel of retired officers prepared for the purpose of holding departmental inquiries.

3. The respondent was an employee of the Geological Survey of India (hereafter `GSI') and at the material time he was holding a Group `B' post. He was due to superannuate from service on November 30, 2000. On November 24, 2000, he was served with a show cause notice dated November 23, 2000 in connection with various charges and asking him to give his explanation within a week. The respondent gave his reply to the show cause notice but it was not found satisfactory and a charge-sheet was issued against him. One Shri S.M.M.V. Krishna Rao, was appointed as the Inquiry Officer who was selected from a panel of retired officers for appointment as Inquiry Officers approved by the Central Vigilance Commission. The respondent took serious objection to the appointment of Shri Krishna R