Disciplinary authorities lack the power under CCS (CCA) Rules, 1965 to initiate successive inquiries or set aside a completed inquiry report simply because the findings therein do not satisfy the disciplinary authority; they must proceed to a final decision based on the existing record.

ORDER (ORAL)

Hon’ble Mr. R.N. Singh, Member (J)

We have heard the learned counsels for the parties and with their assistance we have perused the pleadings available on record.

2. Mr. Shrivastava, learned counsel for the respondents, submits that in compliance of the Tribunal’s previous order, the respondents have also brought the original Departmental Enquiry file for perusal of the Tribunal. However, in the facts and circumstances of the case we do not find it necessary to peruse the same.

3. In the present OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:

“A) Quash and set aside the impugned Order No. 310000/1299/DZ/133/E1D (1) dated 06.11.2024 whereby respondents have illegally appointed Inquiring Authority afresh with reference to chargesheet No. 31000/1299/R&R/02/E1D(I) dated 28.07.2020, even after completion of Inquiry followed by submission of Inquiry Report by the earlier Inquiry Officer which has been already forwarded to the applicant under Rule 15 of the CCS (CCA) Rules.

B) Quash and set aside the impugned Order No. 310000/1299/DZ/134/EID (1) dated 06.11.2024 whereby respondents have illegally appointed Presenting Officer afresh even after completion of Inquiry followed by submission of Inquiry Report by the earlier Inquiry Officer which has been already forwarded to the applicant under Rule 15 of the CCS (CCA) Rules.

C) Issue directions thereby Quashing and setting aside chargesheet dated 28.07.2020 and Inquiry Report dated 22.11.2021 and thereby consequently quashing and setting aside the departmental proceeding initiated against the applicant vide chargesheet dated 28.07.2020;

D) Issue a direction thereby directing respondents to release the retirement benefits of applicant along with arrears and @ 12% interest per annum thereupon, payable to the Applicant w.e.f 01.08.2020 which has been withheld illegally for reasons not attributable to the Applicant;

E) Award costs of the proceedings; and

F) Pass any other order/direction which this Hon'ble Tribunal deems fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.”

4. In opposition of the claim of the applicant, the respondents have filed counter reply. The applicant has filed rejoinder reiterating his claim and the grounds in support thereof.

5. It is undisputed that while working as an Assistant Engineer (QS&C), a disciplinary proceeding was initiated against the applicant under Rule 14 of the CCS (CCA) Rules, 1965 (herein after referred to as the ‘Rules’) vide Memorandum dated 28.07.2020 (Annexure A-4), for allegations pertaining to the year 2012. The Inquiry Officer submitted his report on 22.11.2021. In the meantime, before the Inquiry Officer could tender his report, the applicant had retired on attaining the age on superannuation on 31.07.2020 and a copy of the Inquiry Officer’s report was supplied to the applicant on 22.11.2021.

6. The applicant submitted his representation on 11.12.2021 (Anneuxre A-9), however, no final decision was taken in the matter in respect of the said departmental inquiry and the applicant approached this Tribunal vide OA No. 3206/2024 which was disposed of vide order/judgment dated 14.08.2024 (Annexure A-12) with a direction to the competent authority amongst the respondents to pass a final order in the matter of disciplinary proceedings against the applicant pursuant to the charge Memorandum on 28.07.2020 as expeditiously as possible but not later than twelve weeks from the date of