RE SAN JIB K SEN Vs. DIRECTOR ADMN GOVERN MENT OF INDIA DEPT OF SUPPLY DIRECTORATE GENE RAL OF SUPPLIES AND DIS POSALS VIGILENCE DEPT

JUDGEMENT

(1.) THE Court : In this Writ application the petitioner has challenged the validity of an order dated january 8, 1973 whereby the Director-General, Supplies and Disposals, Vigilance section, has proposed to start inquiry proceedings against the petitioner on the ground of some allegations mentioned in the said order, The facts of the case may briefly be stated as follows:

(2.) ON February 23, 1960, the petitioner joined the post of Examiner of stores, Engineering, at the office of the director of Inspector, Government of india. Sometime between July and august, 1962 according to the respondents the petitioner committed certain acts of misconduct. On July 1965 the director-General, Supplies and Disposals, govt. of India proposed to hold an enquiry against the petitioner under central Civil Services Conduct Rules, 11964, in respect of those alleged acts of misconduct. According to the respondents, similar acts of misconduct were also committed by one Mr. Swaminathan. On or about December 9, 1966 disciplinary proceedings were started against the petitioner and Swaminathan and a joint enquiry was held by the inquiry Officer on December 24, 1966, the Inquiry Officer found that the charges against the petitioner and Mr. Swaminathan were proved. On December 12, 1967, the Director-General, Sup plies and Disposals proposed to impose penalty of removal of the petitioner and asked him to make representation why the penalty should not be imposed. On february 8, 1968, the Director-General, supplies and Disposals decided to take disciplinary action against the petitioner and Swaminathan. On March 7, 1968, the petitioner was removed from service with immediate effect. The said Swaminathan was also compulsorily retired from the service on the basis of the findings of the said Inquiry Officer. Mr. Swaminathan, however, moved an application under Art. 226 for quashing the said order. Mukharji J. on July 20, 1971, has decided in favour of Mr. Swaminathan and made the rule absolute. The material portions of the said judgment read as follows : therefore, the proceedings beginning with the charge-sheet dated 19th July, 1965, enquiry report dated 24th December, 1965 and the final order dated 18th May, 1968 are hereby quashed and set aside. . . . . . . . . This order will not prevent the respondents from proceeding afresh with a fresh enquiry against the petitioner in accordance with law, if they are otherwise entitled to in law. . . . . . . . "

(3.) AS stated earlier, the allegations against the petitioner and Mr. Swaminathan were enquired into jointly by the Inquiry Officer on December 9 1966. But the petitioner unlike Mr swaminathan, did not choose to move the Writ Court for quashing the order of removal against him. After the rule was made absolute in favour of Mr. Swaminathan the petitioner made re presentation to the respondents on. September 6, 1971, for reconsideration of his case in the light of the said High court decision in favour of Mr. Swaminathan. On March 13, 1972, the respondents after consideration of the said representation withdrew the original order of removal of the petitioner dated march 7, 1968. The petitioner there after reported for duty on March 17, 1972. On January 8, 1973, the impugned order was made 1973. whereby the Director-General, Supplies and Disposals in formed the petitioner that a fresh enquiry would be held against the petitioner.