STATE OF MANIPUR Vs. C PETER NGAHANYUI

JUDGEMENT

(1.) Both the above writ petitions are directed against orders dated 5th March, 2010 and 31st May, 2010 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati in OA No. 211/2008.

(2.) In our opinion, the Central Administrative Tribunal ('the Tribunal') has used the words "departmental inquiry" interchangeably with the words "departmental proceedings" leading to an erroneous decision. Therefore, at the outset we make it clear that as far as we are concerned, a "departmental inquiry" culminates with the Inquiry Officer submitting his inquiry report, while "departmental proceedings" culminate when the Disciplinary Authority passes a final order either punishing the delinquent officer or exonerating him. Therefore, "departmental proceedings" includes within its fold a "departmental inquiry".

(3.) The private Respondent (Sri C. Peter Ngahanyui) had filed two original applications Under Section 21 of the Administrative Tribunal Act, 1985 in which the reliefs prayed for were: firstly, promotion to the grade and scale of Director General of Police; secondly, setting aside the promotion granted to the juniors of the private Respondent and; finally, quashing the departmental proceedings initiated against him by the Memo dated 18th July, 2007.