ANIL KUMAR, J.

1. The point for determination in the present writ petition is `whether a retired employee of Kendriya Vidyalaya Sangathan (KVS) could be appointed as an enquiry officer in a disciplinary enquiry? under Rule 14 of Central Civil Services (Classification, Control & Appeal) Rules, 1965 [hereinafter referred to CCS (CCA) Rules, 1965] which was initiated against the petitioner who was an Assistant Commissioner in Kendriya Vidyalaya Sangathan (KVS) Regional Office, Lucknow.

2. Sh. Indre Singh, a retired Commissioner of Departmental Enquiries of the Central Vigilance Commission was appointed by the Vice Chairman of Kendriya Vidyalaya Sangathan (KVS) on 17th June, 2008 as an enquiry officer in the Disciplinary proceedings, which were initiated against the petitioner. The petitioner had challenged the appointment of a retired officer as enquiry officer in the Original Application filed by the petitioner being O.A.No.1699 of 2008. On account of conflicting views of various Benches of the Administrative Tribunal regarding appointment of a retired employee as an enquiry officer under CCS (CCA) Rules, 1965, the matter was referred by a Division Bench of the Central Admi