The disciplinary authority can impose minor penalties without a full inquiry if it finds such inquiry unnecessary after reviewing the charge-sheet response.

JUDGMENT :

A.S. SUPEHIA, J.

1. Admit. Learned advocate Mr. Sanchela waives service of notice of admission for and on behalf of the respondent.

2. The learned Single Judge in the impugned judgment and order dated 18.12.2023 passed in the captioned writ petition, which is assailed in the present appeal, has decided the writ petition on the sole issue which has been recorded in paragraph No. 7.1 of the judgment relating to the provisions of Rule 11(1)(a) of the Gujarat Civil Services (Disciplinary and Appeal) Rules, 2002. It appears that no other contentions were raised before the learned Single Judge.

3. The respondent, who was serving as a Chief Officer, was issued a charge-sheet dated 25.04.2023. A bare perusal of the charge-sheet reveals that the same is issued under Rule 11 Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971 (for short “the Rules, 1971”) alleging violation of the provisions of the Gujarat Civil Services (Conduct) Rules, 1971 more particularly sub-rule (2) of Rule 3(1) and sub-rule (b) of Rule (3A). Thus, the charge-sheet itself reflects that the same is issued under Rule 11 of the Rules, 1971. Thus, there appears to be typing mistake in the order passed by the learned Single Judge, since erroneously the 2002 Rules are referred.

4. The respondent-Chief Officer had assailed his punishment order dated 06.11.2023 passed by the State authorities imposing punishment of stoppage of one increment for a period of two years without future effect, which unquestionably falls under minor penalties of the Rules, 1971. The learned Single Judge, after examining the provisions of Rule 11 of the Rules, 1971, which prescribes the procedure for imposing the minor penalties has held that the disciplinary authority is required to hold a full-fledged inquiry under the provisions of Rule 11(1)(b) of the Rules, 1971, once a charge-sheet is issued. It is recorded thus:

“10. In the instant case, it would appear that having issued a chargesheet to the petitioner on 25.4.2023 and having received the reply of the petitioner thereupon, the disciplinary authority has proceeded to issue an order of punishment which, in the considered opinion of this Court, is not in accordance with the procedure as contemplated in the Rules as discussed herein above. The disciplinary authority having issued a charge-sheet that would imply that the disciplinary authority has come to an opinion that an inquiry is necessary and once the charge-sheet is issued in furtherance of the disciplinary proceedings, as per Rule 9 of Disciplinary and Appeal Rules, then disciplinary authority is required to follow the procedure as prescribed under Rule 9 i.e. of appointing an inquiry officer and the inquiry officer would also be required to follow the procedure as per Sub-Rules.

11. Once a charge-sheet is issued, disciplinary authority is not empowered to revert back to the mode of proposal. Furthermore, having decided that a departmental inquiry is to be resorted to and having issued a charge-sheet in furtherance thereof, the reply to the chargesheet cannot be treated as representation to the proposed punishment and consequently punishment could not have been issued. The entire procedure adopted by the disciplinary authority was completely alien to the scheme of the rules as discussed above.”

5. Thus, the learned Single Judge has held that once the charge-sheet is issued to an employee/delinquent, it is incumbent upon the disciplinary authority to hold regular departmental inquiry in the manner laid down in the sub-rule (3) to (23) of Rule 9 of the Rules, 1971.

6. In our considered opinion, the learned Single Judge fell in error in holding that the disciplinary authority was required to hold the departmental inquiry. Rule 9 of the Rules, 1971 falls under Chapter-4, which prescribes for procedure for imposing major penalties. Unquestionably, in the present case, the respondent-delinquent has not been imposed any major penalty, but a minor penalty of stoppage of one increm