Disciplinary Authority cannot order de-novo inquiry under CCS (CCA) Rules upon dissatisfaction with Inquiry Officer's report; must proceed per Rule 15 by providing disagreement reasons or directing further evidence if serious defects exist.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-

“a) Issue an appropriate writ for quashing and setting aside the order dated 15.02.2025 (Annexure P-4) ordering a fresh/de-novo departmental enquiry against the petitioners.

b) That the de-novo enquiry may be held illegal, arbitrary and contrary to the law as laid down in Indira Thakur’s case.”

2. Brief facts necessary for the adjudication of this petition are that in terms of office order dated 17.07.2023 (Annexure P-1), the Principal Secretary, Public Works Government of Himachal Pradesh initiated disciplinary action against the petitioners by way of common proceedings for the alleged negligence on their part in the construction of a bridge, while they remain posted in Kangra Division of the Public Works Department. Memorandum dated 17.07.2023 contained the statement of Article of Charges and statement of imputation of misconduct and the petitioners were called upon to submit their reply. Feeling dissatisfied with the reply filed by the petitioners, common disciplinary proceedings were initiated under Rule 14 and Rule 18 of the CCS (CCA) Rules, 1965 and Sh. Jatinder Singh, Chief Engineer, HPPWD Hamirpur Zone, District Hamirpur was appointed as the Inquiry Officer vide order dated 03.11.2023, Annexure P-2. After the inquiry was conducted by the Inquiry Officer and he submitted his report to the Disciplinary Authority, the Disciplinary Authority, in terms of Annexure P-4, order dated 15.02.2025 passed the following order:-

“2. WHEREAS, vide order dated 03.11.2023, Sh. Jatinder Singh, the then Chief Engineer, HPPWD Hamirpur Zone and Sh. Yoginder Singh, Superintendent Gr.-I, O/o Chief Engineer, HPPWD Hamirpur Zone were appointed as Inquiring Authority and Presenting Officer respectively to proceed further to conduct enquiry with regard to the charges leveled against the charged officer(s)/officials(s):

3. WHEREAS, the above mentioned Inquiry Officer had furnished enquiry report on 09.08.2024 and the same has been considered by the Disciplinary authority and decided to conduct further de-novo enquiry through the Commissioner, Departmental Enquiries and to appoint new Presenting Officer to present the case in support of articles of charges framed against the charged officer(s)/official(s);

4. AND WHEREAS, the matter was taken up the matter with the Vigilance Department to entrust said enquiry to the Commissioner, Departmental Enquiries and the Vigilance Department vide their letter dated 03.02.2025 has advised this department to entrust the said enquiry to the Commissioner, Departmental Enquiries by appointing the Presenting Officer for Public Works Department as per the procedure prescribed under the Vigilance Manual & CCS(CCA) Rules; and

5. THEREFORE, the Governor, Himachal Pradesh, in exercise of the powers conferred by sub rule (5) of Rule 14 read with rule-15 of the said Rules, hereby appoints District Attorney (Vigilance). Headquarter Shimla as the Presenting Officer for Public Works Department to present the case on behalf of Governor, in support of the articles of charges.”

3. Objections were filed by the petitioners against the de-novo inquiry, ordered by the Disciplinary Authority vide Annexure P-5 and thereafter, they also filed objections before the Commissioner, Departmental Enquiries, who in terms of Annexure P-6, order dated 08.08.2025, has dismissed the objections and hence the petition.

4. Learned counsel for the petitioners took the Court through various orders appended with the petition and submitted that both Annexures P-4 and P-6 are not sustainable in the eyes of law for the reason that the Discip