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ARIJIT BANERJEE, APURBA SINHA RAY
Partha Chongdar – Appellant
Versus
Kolkata Municipal Corporation – Respondent
JUDGMENT :
Apurba Sinha Ray, J.
Factual Matrix:-
1. A departmental proceeding was initiated against the appellant, an employee of the corporation, by the concerned disciplinary authority of the Kolkata Municipal Corporation. Initially one Sri Chaitanya De Sarkar was appointed as Inquiry Officer but as he submitted resignation from his engagement, one Sri Biswajit Majumder, Director General (Bustee Cell and S.S.E.P) was appointed as the Inquiry Officer. The Inquiry Officer submitted his enquiry report to the Disciplinary Authority but the said authority came to the conclusion that the Inquiry Officer had not specifically dealt with each article of charge and did not express his definite findings on each article of charge/imputations. Accordingly, the Disciplinary Authority vide order dated 04.09.2003 under Memo No. P/12(21)/VI/115/23 set aside the enquiry report dated 10.02.2023 and appointed a new Inquiry Officer to inquire de novo into the charges framed against the delinquent officer, that is, the petitioner/appellant before this Court.
2. The petitioner/appellant challenged the order dated 04.09.2023 of the Disciplinary Authority by filing a writ petition being no. WPO 1597 of 2023
The main legal point established in the judgment is that when a certain act is required to be done in a certain way, it should be done in that way only and not in any other manner. The failure to com....
The disciplinary authority can remit the case for further enquiry, but a de-novo enquiry is not warranted unless there is a patent irregularity or illegality in the earlier enquiry report.
Action to initiate a de novo enquiry on the same charges after completion of the earlier enquiry culminating with findings of exoneration of the petitioner is wholly without jurisdiction and accordin....
The disciplinary authority must provide cogent reasons for ordering a de novo inquiry; failure in this regard vitiates subsequent penalties, while waiver through participation in inquiry bars later c....
The Disciplinary Authority cannot order denovo inquiry under Rule 14 and 15 of CCS (CCA) Rules, 1965, unless there has been no proper inquiry due to serious defects or unavailability of important wit....
Disciplinary authority cannot order de novo inquiry on same charges after first inquiry report without following Rule 9 procedure of remitting for further inquiry or providing report with disagreemen....
Disciplinary Authority cannot order de-novo inquiry under CCS (CCA) Rules upon dissatisfaction with Inquiry Officer's report; must proceed per Rule 15 by providing disagreement reasons or directing f....
The disciplinary authority cannot order a fresh enquiry without identifying material irregularities in the previous proceedings, emphasizing adherence to the procedural rules and safeguarding the rig....
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