SANJIV KHANNA, J.

1. Mr. V.K.Bahuguna by this writ petition impugns the order dated 26th February, 2016, whereby his OA No.381/2016 challenging appointment of Mr. Mukesh Kumar as the Inquiry Officer stands dismissed.

2. The limited issue raised before the Central Administrative Tribunal, Principal Bench, New Delhi and before us is whether Mr. Mukesh Kumar, Director, Central Vigilance Commission, Commission of Departmental Inquiry can act as the Inquiry Officer under Rules 8(2) and 8(3) of the All India Services (Discipline and Appeal) Rules, 1969.

3. Mr. Mukesh Kumar, it is submitted, is an outsider as he is not a member/officer of the Indian Forest Service and is not a senior officer, i.e., holder of a post/rank higher to that of the petitioner. Reliance is placed on the decision of the Ernakulam Bench of the Central Administrative Tribunal in OA No.1862/2010 titled Tomin J Thackankary IPS vs. State of Kerala & Ors.

4. Having considered the submissions made by the learned counsel for the petitioner, we regret our inability to agree.

5. Rules 8(2) and 8(3) of All India Services (Discipline and Appeal) Rules, 1969 read:-

“8(2) Whenever the disciplinary authority is of the