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