Point of Law: Formal inquiry/regular inquiry can be conducted after issuance of charge sheet by disciplinary authority under Rule 14 of CCS (CCA) Rules.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, the petitioner has prayed for the following substantive relief:-

“(i) That the impugned inquiry report dated 23.12.2016, Annexure P-4, the impugned order of compulsory retirement dated order dated 24.8.2018, Annexure P-9, as also order dated 19.12.2019, Annexure P-12, dismissing his revision petition, may kindly be quashed and set aside and the respondent department may kindly be directed to reinstate the petitioner in service, will all consequential benefits including arrears of salary, consideration for further promotion etc.”

2. Brief facts necessary for adjudication of the petition are that in the year 2016, petitioner was posted as Assistant Commandant, 1st IRBn, Bangarh, District Una. A complaint of sexual harassment was filed against him by a female official of Police Department. An inquiry was held by Internal Complaint Committee for Sexual Harassment of Women at work place (for short the “ICC”). The ICC vide report dated 23.12.2016, expressed its view that the allegations against the petitioner were proved beyond doubt. Accordingly, the ICC recommended disciplinary action against the petitioner.

3. Taking cognizance of the report, submitted by the ICC, the Disciplinary Authority vide order dated 3.7.2017 proposed major penalty against the petitioner and afforded him an opportunity to explain as to why he should not be compulsorily retired from service. Petitioner submitted his representation against the order dated 3.7.2017. The Disciplinary Authority after considering the representation of the petitioner, imposed a penalty of compulsory retirement from service upon the petitioner vide order dated 24.8.2018. Petitioner assailed the order of Disciplinary Authority by filing a revision petition and also sought a legal remedy by filing O.A. before the erstwhile H.P. State Administrative Tribunal. The Tribunal directed the Revisional Authority to take a decision in the matter and held that the O.A. of the petitioner was not maintainable without final decision in the revision petition. Finally, the revision petition of the petitioner was also rejected by the competent authority vide order dated 19.12.2019.

4. I have heard the learned counsel for the parties and have also gone through the record carefully.

5. Mr. Dilip Sharma, learned Senior Advocate, assisted by Mr. Manish Sharma, Advocate, contended that the impugned order Annexure P-9 is illegal and arbitrary, having been passed without adoption of due procedure prescribed under law. He contended that no inquiry was held against the petitioner in terms of Rule 14 of the CCS (CCA), Rules 1965 (for short the “Rules”) and in absence thereof, the order of compulsorily retirement of the petitioner from service is vitiated.

6. On the other hand Mr. Desh Raj Thakur, learned Additional Advocate General has contended that after amendment of Rule 14 (2) of the Rules, the ICC was to act as the Inquiry Authority appointed by the Disciplinary Authority, as such, there was due compliance of requirement of Rule 14 of the Rules in the case of petitioner.

7. It is made out from the record that on receipt of complaint of sexual harassment against petitioner, a preliminary inquiry was conducted by Commandant 6th IRBn Gariwala, District Sirmour. Thereafter, the complaint was entrusted to ICC, which after holding inquiry, had found the allegations proved against the petitioner and had recommended disciplinary action against him.

8. Indisputably, on the basis of the inquiry report submitted by ICC, the Disciplinary Authority had issued order dated 3.7.2017, requiring petitioner to show cause as to why he should not be compulsorily retired. Without holding any further proceedings, petitioner was compulsorily retired from service vide Annexure P-9 dated 24.8.2018, passed by the Disciplinary Authority.

9. Rule 14 (2) of the Rules, as amended after inclusion of a proviso, reads as under:-

“(2) Whenever the Disciplinary Authority is of the opinion that