MOHD. ABDUL ALEEM Vs. DIRECTOR, SURVEY TRAINING INSTITUTE (C.S.T. AND M.P.) SURVEY OF INDIA, UPPAL, HYDERABAD

JUDGEMENT

(1.) The petitioner is a driver in the service of the Survey Department of the Government of India. A complaint that he had pilfered some petrol belonging to the Government was lodged against him on 22nd March, 1972. On the same day, charges were framed against him and he was kept under suspension. An inquiry Officer by name V. Krishna Murthy of the rank of Deputy Director of Survey was appointed on 25-11-1972. Notice of inquiry, however, was given only on 4-1-1973. The inquiry actually started on 23rd March, 1973 and concluded on 24-4-1973, It is said that the Inquiry Officer submitted his report to the disciplinary authority in May 1973. That authority issued an order dated 14-19 November, 1973, which is sought to be quashed in this writ petition.

(2.) It would be useful to extract the entirety of the order. It is as follows:

(3.) Sri Kalyan Ram challenges this order as being wholly without jurisdiction. In his submission there is no power in the disciplinary authority to quash the report submitted by the inquiry officer and to direct a fresh inquiry. Consequently, he contends that the order is wholly without jurisdiction and liable to be quashed. On the other hand, Sri Subrahmanya Reddy, the learned counsel, for the Union Government, endeavours to sustain the legality of the order by saying that Rule 15 of the Central Civil Services (Classification, Control and Appeal) Rules (hereinafter called the Rules) confers enough power on the disciplinary authority to quash the inquiry report and to further order a fresh inquiry.