ORDER

Jayesh V. Bhairavia, Judicial Member:

1. Learned Counsel for both sides are present and heard.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief(s):

“a) An order/orders quashing the order dated 30.01.2024 whereby the respondent authorities appointed Shri Suraj Singh as inquiring authority to enquire into the charges framed against the applicant.

b) An order / orders quashing the order dated 07.02.2024 whereby Suraj Singh issued a notice to the applicant asking him to appear before him on 12.02.2024 for preliminary hearing of the case.

c) An order/orders quashing the order dated 13.02.2024 whereby Suraj Singh issued a notice to the applicant asking him to appear before him on 28.02.2024 for preliminary hearing of the case.

d) An order/orders/direction/directions directing the disciplinary proceedings to conclude the disciplinary proceedings within a reasonable period of time.

e) An order / orders / direction / directions directing the respondent authorities to act in accordance with law.

f) An Order to issue directing the respondents to produce the records of the case before this Hon'ble Tribunal so that conscionable justice may be done.

g) Costs and incidentals of the application may be awarded to the applicant.

h) Such other or further order direction or directions, as your lordships deem fit and proper in the interest of justice.”

3. It is a grievance of the applicant that disciplinary proceeding was instituted against the applicant under Rule 14 of the CCS (CCA) Rules, 1965 vide memorandum dated 21.02.2022. The applicant denied the charges. The Disciplinary Authority have decided to conduct a departmental inquiry and accordingly appointed the Inquiring Authority as well as the Presenting Officer. On receipt of the notice from the Inquiring Authority, the applicant participated in the departmental inquiry and after completing the stage of examination and cross-examination of the witness, the Presenting Officer had submitted his brief. On receipt of it, the applicant had also submitted his defense brief before the Inquiring Authority. Thereafter, the applicant has been awaiting the decision of the Inquiring Authority. However, the applicant has not received any Inquiry Report of the Inquiring Authority although the applicant has been informed vide Office Order No. 239 dated 30.01.2024 that in respect to the departmental inquiry held against the applicant, a new inquiring authority has been appointed to inquire into the charge framed against the applicant. Thereafter, vide letter dated 07.02.2024, the said newly appointed Inquiry Officer called upon the applicant to remain present before him for a preliminary hearing of the case on 12.02.2024 along with his defense assistant, if any, and wait until further direction. Further, it is stated therein that no witnesses will be examined on the said date. The purpose of preliminary hearing is to sort out the preliminaries and to lay down a time schedule for inspection of the listed documents and submission of the list of additional documents and defense witnesses (Annexure-A/8 refer). Thereafter, again, the applicant has received letter/notice dated 13.02.2024 issued by the said newly appointed Inquiry Officer whereby it is conveyed to the applicant that he should remain present for preliminary hearing on 28.02.2024 and reiterated the direction issued in notice dated 07.02.2024. On receipt of it, the applicant had submitted his detailed representation dated 19.02.2024 before the Disciplinary Authority and brought to the notice of as such the departmental inquiry held against the applicant and requested for issuance of the appropriate directions upon the Inquiring Authority to submit his report. However, the same is not responded till date. Hence this O.A.

4. Ld. Counsel for the applicant Ms. A. Nag submits that the applicant