Rule 15 of the CCS (CC&A) Rules allows for a further inquiry by the same authority in specific circumstances, but not a fresh or de novo inquiry.

Deepak Gupta, C.J.

The petitioner by means of this writ petition has challenged the order terminating him from service and the main ground is that the second inquiry held against him is totally illegal and therefore any order based on the second inquiry is vitiated.

2. The brief facts of the case are the petitioner was working as a Drug Inspector and on 26.06.2000, a Memo. was issued whereby inquiry proceedings were initiated against the petitioner. The allegations against the petitioner were serious in nature and it was alleged that the petitioner had been totally negligent in the discharge of his duties. A regular disciplinary inquiry was conducted, witnesses were examined and thereafter the inquiry officer vide his report 28.10.2002 came to the conclusion that the prosecution could not bring home the charge against the petitioner and the petitioner was duly exonerated.

3. Thereafter an order was passed which reads as follows:

“NO.F14(48)HFW/86

GOVERNMENT OF TRIPURA

HEALTH & FAMILY WELFARE DEPARTMENT

Dated, Agartala. The 19th May, 2005

ORDER

WHEREAS it is decided by the Disciplinary Authority to reenquire into the charges framed against Shri Dhiman Singha, Inspecting Officer (Drug), Health & Family Welfare Department, Govt. of Tripura.

AND

WHEREAS, the Governor, Tripura considers that an Inquiry Officer should be appointed to reenquire into the charge framed against him.

Now, THEREFORE, the Governor, Tripura in pursuance of subrule (2) of Rule 14 of C.C.S. & (C.C.A) Rules, 1965 hereby appoint Sri S.K. Saha, Special Commissioner of Departmental Inquiries, Government of Tripura, Agartala as Inquiring Authority to reenquire into the charges framed against Shri Dhiman Singha, Inspecting Officer(Drug), Accused Officer.

By order and in the name of the Governor,

sd/

Smt. Binapani Deb Barma)

Deputy Secretary to the

Government of Tripura”

4. Basically, what the State did was to direct that a fresh de novo inquiry be held and a new inquiry officer was appointed to rein-quire into the charges framed against him. The petitioner took part in this inquiry proceeding and after recording evidence the inquiry officer held that the petitioner was guilty and thereafter the disciplinary authority imposed penalty of dismissal from service. Appeal filed by the petitioner was dismissed and hence the present writ petition.

5. The main ground raised is that the order dated 19.05.2005 which is the basis for the second inquiry proceedings is itself invalid and therefore the entire inquiry proceedings which were held for the second time are vitiated.

6. It is not disputed before us that the CCS (CC&A) Rules are applicable in the present case. The inquiry was held in accordance with these rules. Rule 15 of the CCS (CC&A) Rules deals with the action to be taken on the inquiry report, and reads as follows:

“15. Action on the inquiry report

(1) The Disciplinary Authority, if it is not itself the Inquiring Authority may, for reasons to be recorded by it in writing, remit the case to the Inquiring Authority for further inquiry and report and the Inquiring Authority shall thereupon proceed to hold the further inquiry according to the provisions of Rule 14, as far as may be.

[(2) The Disciplinary Authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the Disciplinary Authority or where the Disciplinary Authority is not the Inquiring Authority, a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge to the Government servant who shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority within fifteen days, irrespective of whether the report is favourable or not to the Government servant.

(2A) The Disciplinary Authority shall consider the representation, if any, submitted by the Government servant and record its findings before proceeding