S C ROKHA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) DISCIPLINARY proceedings were initiated against the petitioner under Rule 14 of the Central Civil Services (Classification, Control and Appeal), Rule 1965 on 27.9.2999. The gist of the charge levelled against the petitioner was that he has not disbursed the salary of Smt. Sharda Chauhan, amounting to Rs.8661/- for the months of May and June, 1996 and had dishonestly misappropriated the said amount. The Deputy Secretary (Health), Shri Tilak Raj Sharma was appointed as Inquiry Officer. He could not complete the inquiry as per Annexure R-1, dated 27.11.2003. Thereafter fresh charge sheet was issued to the petitioner vide Annexure A-4 on 28.2.2005.

(2.) THE case of the petitioner, in a nutshell, is that he has already been exonerated by the Inquiry Officer pursuant to charge sheet dated 27.9.1999. He further contended that in these circumstances, fresh inquiry could not be initiated against him as per memorandum dated 28.2.2005.

(3.) I have heard the learned counsel for the parties and gone through the pleadings carefully.