The exercise of the power of review and the authority to hold a denovo inquiry under the K. C. S. (C. C. A.) Rules 1957.

( 1 ) THE petitioner, a class IV employee of the Public Works Department has prayed for quashing the order of the Superintending Engineer, Dharwad Circle, by which penalty of compulsory retirement was imposed against the petitioner.

( 2 ) THE facts of the case in brief are as follows : a departmental enquiry was instituted against the petitioner by the Exectivc Engineer, Karwar Dvn. , karwar. After holding the enquiry into the charges levelled against the petitioner, the Executive Engineer and the Disciplinary Authority made the final order on 27-11-1981. The operative portion of the order reads:"after careful consideration of the findings of the inquiry officer and in exercise of the powers conferred under Rule 8 (iii) of K. C. S. (CCA) Rules, 1957, it is ordered that next two increments of Sri S. H. Naik, Chowkidar are hereby stopped with cumulative effect on future increments". The petitioner did not prefer any appeal against the said order. Thereafter on 26-2-1982 a notice was served on the petitioner, copy of which is produced as Annexure-B. By the said notice the Executive Engineer, sirsi Division, proposed to hold an inquiry into the very charges which were inquired into and in respect of which a final order had been made by the Executive Engineer on 27-11-1981. After the inquiry was held and report was submitted, the Superintending Engineer proceeded to pass the impugned order Annexure-C which reads :" Proceedings of the office of superintending Engineer, Dharwad Circle, P. W. D. Dharwad. Sub ; Departmental Enquiry against Sri S. H. Naik, Chowkidar, I. B. Mandageri of No. 5 Sub- dn. Kumta. Read; (1) T. O. Proceedings est-III/enq/81-82/136 confidential/27-1-1982. (2) Enquiry Officer and disciplinary Authority confidential Report No. EST/enk/81-82/ 135 of 22-4-1982. Preamble; In this office proceedings cited (1) above, the Executive Engineer, Sirsi Division, sirsi has been appointed as an enquiry Officer and Disciplinary authority and directed to conduct the above Enquiry as per the directions of the Chief Engineer (C and B), Bangalore, vide his letter No. VC/enq/wbe/81-82 dated 12-12-1981. The Enquiry Officer has furnished the report with the findings and conclusions, vide reference cited at no (2) above and stated as under. Out of 11 charges framed by the assistant Executive Engineer, against Sri S. H. Naik, Chowkidar of kumta Inspection Bungalow, 8 charges are found to be proved as per the findings, 3 charges are not found to be proved. In the proved charges, he has become entirely responsible for not maintaining absolute integrity, devotion to duty etc. , as per rule 3 of k. C. S. R. 's (C. C. A. . . . . . . . . . Rules ). In view of this, the enquiry Officer had endorsed his opinion of the previous enquiry Officer Sri C. Nagaraju, Asst. Ex. Engineer regarding the penalty to be imposed on the Chowkidar sri S. H. Naik, as per Section-V to viii of rule 8 of K. C. S. (C. C. A.) Rules preferably the punishment under rule 8 (vi) i. e. , compulsory retirement. Orders thereon ; After careful consideration of the findings of the enquiry officer, and in exercise of the powers conferred under Section V to VIII rule 8 (vi) of K. C. S. (C. C. A.) Rules 1957, it is ordered that Sri S. H. Naik, chowkidar be retired compul- sorily from service (Sd,) Superintending Engineer, d. C. Dwd. "the petitioner questions the legality of the said order in this writ petition.

( 3 ) SRI Visweswara, learned counsel for the petitioner contended that a second inquiry into the very charges in respect of which the petitioner had earlier been punished was without authority of law.

( 4 ) THE above contention was raised by the petitioner on the ground that after the penalty order was made, there had been no order passed by the competent authority and communicated to the petitioner setting aside the earlier proceedings and directing the holding of the denovo inquiry.

( 5 ) SRI S. V. Narasimhan, the learned High Court Government pleader ap