IMPORTANT POINT
The disciplinary authority must independently decide on inquiry reports without external influence, as mandated by the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999.

JUDGMENT :

Rajesh Singh Chauhan, J.

1. Heard.

2. Though this Court allowed the amendment application of the petitioner vide order dated 29.08.2024 but the amendment has not been incorporated at appropriate place, therefore, learned counsel for the petitioner is permitted to incorporate the amendment at appropriate place indicating the date of the impugned order and the annexure number thereof properly, during the course of day.

3. This Court has passed the order dated 22.08.2024,which reads as under:-

"1. Heard Sri Upendra Singh, learned counsel for the petitioner and Sri Jogendra Nath Verma, learned Standing Counsel for the State-opposite parties no.1, 2 & 3.

2. By means of this petition, the petitioner has prayed following main reliefs:-

"1. Issue a writ order or direction in the nature of certiorari quashing the impugned suspension order dated 15.12.2022 passed by respondent no.2 on the recommendation of the respondent no.3 and impugned charge sheet dated 20.01.2023 issued by the respondent no.1 on the recommendation of the respondent no.3 against the petitioner (Annexure No.1 & 2 to the writ petition.)

2. Issue a writ order or direction in the nature of mandamus commanding the respondents to make the payment of salary regularly month to month as and when it falls due.

3. Issue a writ order or direction in the nature of mandamus commanding the respondents to pay the arrears of salary with 18% interest.

4. Issue a writ order or direction in the nature of mandamus commanding the respondents not to harass the petitioner in any manner on the name of alleged inquiry."

3. The precise contention of learned counsel for the petitioner is that pursuant to the impugned suspension order dated 15.12.2022, the petitioner was placed under suspension. Thereafter, Inquiry Officer was appointed and the petitioner was given charge sheet on 20.01.2023. The aforesaid disciplinary inquiry was concluded on 05.07.2023 whereby none of the charges has been proved against the petitioner. As per the U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as "the Rules, 1999"), after conclusion of disciplinary inquiry, the Inquiry Officer submits its inquiry report and findings before the disciplinary authority and the disciplinary authority passes appropriate order finalizing the disciplinary proceedings. Undisputedly, in the present case, the disciplinary/ appointing authority of the petitioner is the State Government and any appropriate decision in the case of the petitioner after concluding the disciplinary proceedings could have been taken by the disciplinary authority but before taking any appropriate decision by the disciplinary authority on the findings of the inquiry report, the Director General of Police/ Commandant General, Home Guards, U.P., Lucknow preferred a letter dated 29.08.2023 (Annexure No.31) to the Additional Chief Secretary of the Home Guards Department, Government of U.P., Lucknow indicating therein that the findings of the Inquiry Officer are not appropriate, such departmental inquiry has been conducted in a cursory manner, therefore, the findings of the Inquiry Officer may be rejected and direction for fresh inquiry may be issued.

4. Sri Upendra Singh, learned counsel for the petitioner, has rightly submitted that after initiating the departmental inquiry against any employee, no officer can come within the Inquiry Officer and the disciplinary authority inasmuch as after conclusion of the departmental inquiry, the appropriate decision may only be taken by the disciplinary authority independently without being influenced from the opinion of any other authority but in the present case, the Director General of Police/ Commandant General, Home Guards, U.P., Lucknow has influenced the disciplinary authority to reject the inquiry report and to pass order for fresh departmental enquiry saying that that departmental inquiry has been concluded in a cursory manner and after being influenced from such letter of the Direc