UNION OF INDIA Vs. P C RAMAKRISHNAYYA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal raises the question regarding the validity of a departmental inquiry, under Rule 14 (2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 held and conducted by an Inquiry Officer who was not a serving officer but whose name was taken from a panel of retired officers prepared for the purpose of holding departmental inquiries.

(3.) The respondent was an employee of the Geological Survey of India (hereafter Rs. GSI) and at the material time he was holding a Group Rs. B post. He was due to superannuate from service on November 30, 2000. On November 24, 2000, he was served with a show cause notice dated November 23, 2000 in connection with various charges and asking him to give his explanation within a week. The respondent gave his reply to the show cause notice but it was not found satisfactory and a charge-sheet was issued against him. One Shri S.M.M.V. Krishna Rao, was appointed as the Inquiry Officer who was selected from a panel of retired officers for appointment as Inquiry Officers approved by the Central Vigilance Commission. The respondent took serious objection to the appointment of Shri Krishna Rao as Inquiry Officer, who was not a serving officer of the GSI but a retired Chief General Manager of IDBI. The respondent did not take part in the departmental inquiry and strongly challenged the competence and authority of Shri Krishna Rao to hold and conduct the departmental inquiry against him. All through the disciplinary proceedings, the respondent stubbornly stuck to his stand and in response to notices issued by the Inquiry Officer in regard to the schedule of the inquiry his response would be that he had no authority to hold the inquiry. As a result of his non-participation an ex parte inquiry was held in which the charges were found established against him. The disciplinary authority then sent him a notice along with a copy of the inquiry report, calling upon him to make his representation, if any, on the inquiry report within 15 days. In response to the notice, the respondent once again reiterated that the inquiry held against him was illegal and invalid. Eventually, by order dated July 7, 2003, he was given the punishment of cut in pension by 10% for 2 years.