Necessity of framing definite charges in Departmental Proceedings and distinctness of allegations in different Show Cause Notices

JUDGMENT :

1. The legality and validity of a Departmental Proceeding initiated vide a Show Cause Notice dated 08.12.2022 is the subject matter of challenge in this petition filed under Article 226 of the Constitution of India. The principal ground of challenge is that the said proceeding is denovoon same/similar set of charges which was proceeded on the basis of a previous Departmental Proceeding leading to an order dated 06.08.2022 of exoneration from the charges passed by the Disciplinary Authority.

2. Before going to the issue which has arisen for determination, it would be convenient if the facts of the case are narrated in brief.

3. The petitioner is an APS Officer under the State of Assam and presently holding the rank of a Deputy Superintendent of Police. While serving in the aforesaid capacity at Dhubri, an FIR was lodged leading to registration of Dhubri P.S. Case No. 654/2018 in which the petitioner was the Investigating Officer. However, while acting in the aforesaid capacity, there was an allegation of demand of bribe by the petitioner and in connection thereof, another Police Case was registered which was numbered as Dhubri P.S. Case No. 1043/2018 under Section 7 of the Prevention of Corruption Act, 1988.

4. The petitioner was accordingly issued a Show Cause Notice on 05.09.2018. It is the case of the petitioner that he had denied the allegations by submitting a written statement of defence and being not convinced with the said defence, an enquiry was done which culminated in an Enquiry Report dated 31.08.2021. The petitioner had submitted his response to the Enquiry Report. The Disciplinary Authority, however on perusal of the materials of the Disciplinary Proceeding was of the opinion that there were no materials to come to a conclusion of establishment of the allegations and accordingly an order was passed on 06.08.2022 whereby the Disciplinary Proceeding was closed. However, on 08.12.2022, another Disciplinary Proceeding has been initiated by issuance of a Show Cause Notice which, according to the petitioner is based on the same allegations. It is contended that such course of action is impermissible and therefore, the present writ petition has been filed.

5. On the other hand, as per the version of the respondents, the Disciplinary Proceedings initiated vide the impugned order dated 08.12.2022 is based upon a different allegation though related to the same incident and therefore, there is no embargo in law to initiate such proceedings.

6. I have heard Shri K.N. Choudhury, learned Senior Counsel assisted by Shri R.M. Deka, learned counsel for the petitioner. I have also heard Shri Dilip Mazumdar, the learned Addl. Advocate General, Assam assisted by Ms. M Bhattacharya, learned Government Advocate. The materials placed before this Court have been carefully examined.

7. Shri Choudhury, the learned Senior Counsel for the petitioner has submitted that the charges/allegations as would appear from the impugned order dated 08.12.2022 are same as those contained in the Show Cause Notice dated 05.09.2018 in which the Disciplinary Authority had come to a conclusion that none of this allegations would be established and therefore, the petitioner was exonerated vide order dated 06.08.2022. Under those facts and circumstances, he submits that the impugned Show Cause Notice dated 08.12.2022 is not sustainable in law. The learned Senior Counsel submits that even if for technical reasons, the allegations are held to be not similar to the earlier allegations, he submits that in the earlier enquiry held pursuant to the Show Cause Notice dated 05.09.2018, the aforesaid allegations had cropped up and was discussed by the Enquiry Officer and in fact, the petitioner was also held guilty in the said enquiry which however was not accepted by the Disciplinary Authority vide order dated 06.08.2022. He, therefore submits that it is the substance of the allegations and not the form which has to be looked into and since the allegations ar