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2022 Supreme(Megh) 84

H. S. THANGKHIEW
Pinaki Das – Appellant
Versus
North Eastern Electric Power Corporation Ltd. – Respondent


Advocates appeared:
Mr. H.L. Shangreiso, Sr. Adv. with Mr. A. Syiem, Advocate., for the Petitioner(s); Mr. V.K. Jindal, Sr. Adv. with Mr. V. Kumar, Advocate., for the Respondent(s)

JUDGMENT

1. The writ petitioner being aggrieved with the appointment of an Inquiry Officer from outside the respondent Corporation, to inquire into the charges framed against the petitioner, on the ground that, the Conduct, Discipline and Appeal Rules (CDA Rules) does not provide for the same, seeks a mandamus to set aside the said appointment, as also the pending disciplinary proceedings against the petitioner.

2. The petitioner who is serving as an Assistant Accounts Officer in the respondent Corporation, it is alleged, had shown unruly and rude behaviour towards his Superior Officer, for which disciplinary proceedings had been drawn up against him, as per the CDA Rules, whereafter, a Memorandum of Charges and Statement of Imputation of Misconduct dated 06.10.2021 was served upon him. Prior to the institution of departmental proceedings, the respondent Corporation on the said allegation had on 12.05.2021, appointed a one man inquiry, which was conducted by a Director (Technical) who had given a report to the disciplinary authority, which went against the petitioner. As it appeared that, he was not given adequate opportunity, another inquiry committee comprising of 3 Executive Direc

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