IMPORTANT POINT
The disciplinary authority can remit the case for further enquiry, but a de-novo enquiry is not warranted unless there is a patent irregularity or illegality in the earlier enquiry report.

JUDGMENT

1. This writ petition has been filed by the petitioner to issue a writ of certiorarified mandamus to quash the impugned denovo enquiry dated 20.07.2021 and to direct the disciplinary authority to pass appropriate order in terms of the enquiry report submitted by the Inquiry Officer, Presenting Officer and defence brief of the charge officer within a stipulated period of three months, failing which, the memorandum of charge dated 27.11.2019 be automatically cancelled.

2. Briefly stated, the case of the petitioner is as follows:

The petitioner joined in the Central Reserve Police Force on 1.12.1994 as Assistant Commandant and was promoted to the rank of Deputy Commandant in the year 2001 and as Second Commandant in the year 2007 and then to the post of Commandant in the year 2012. Presently, the petitioner is posted at the office of the IGP, M&N Sector, CRPF, Langjing, Imphal, Manipur as Commandant.

2.1. Throughout his service, the petitioner has earned outstanding grading in the Annual Performance Grading Appraisals and he has been awarded seven times DG CRPF Commendation Disc Roll, 2 DG Manipur Commendation Disc Roll, 42 DG CRPF Commendation Certificates, 2 Army Chief Commendation, 2 Union Secretary Commendation and many more awards till now and there are no adverse remarks against him till date. While so, when the petitioner was working at GC, CRPF, Gwalior, on 27.11.2019, he was issued with memorandum under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 for the misconduct and misbehavior for holding the departmental enquiry. Upon receipt of the memorandum, the petitioner submitted a written statement denying each and every line of the Article of charges framed.

2.2. On 11.3.2020, Shri Ajay Kumar Singh, DIG (IRLA- 3630) GC, CRPF, Bhopal and Shri Hari Kant Singh, Commandant (IRLA - 4739), 41 Bn, CRPF were appointed as Enquiry Officer and Presenting Officer respectively to inquire into charges. From 14.7.2020 to 3.11.2020, the disciplinary proceedings against the petitioner was conducted by the Enquiry Officer in the presence of the Presenting Officer and the petitioner. Upon examination of the prosecution and defence witnesses, the enquiry was concluded on 3.11.2020. On 19.11.2020, the Presenting Officer submitted the written prosecution to the Inquiry Authority for doing the needful with copy to the petitioner on 20.11.2020 asking him to submit any defence brief within 15 days.

2.3. After the receipt of the written prosecution, on 16.12.2020 the petitioner submitted the defence brief to the Enquiry Officer, GC, Bangrasia, Bhopal for further course of action stating that all the allegations levelled against the petitioner are false. While so, on 20.7.2021, the DIG (CR &Vig), Directorate General, CRPF, New Delhi issued the de-novo inquiry under Rule 15(1) of CCS (CCA) Rules against the petitioner in connection with the memorandum dated 27.11.2019 without applying the mind. Challenging the same, the petitioner has filed the writ petition.

3. The respondents filed affidavit-in-opposition stating that after obtaining approval of the disciplinary authority to initiate major penalty proceedings, memorandum of articles of charge was issued against the petitioner on 27.11.2019 with a direction to submit statement of defence. Upon receipt of statement of defence, the Enquiry Officer and the Presenting Officer were appointed and after completion of the enquiry, the Enquiry Officer submitted his report on 29.1.2021. It is stated that on enquiry, it was notified that the departmental enquiry against thepetitoner was fraud with contradictions in the statements of witnesses, besides non-examination of evidences by the Enquiry Officer resulting in serious infirmities in the enquiry report. Therefore, the departmental enquiry report was remitted to the Enquiry Officer Shri Ajay Kumar Singh for conducting enquiry de-novo from the stage of examination of prosecution witnesses vide order dated 20.7.2021.