Question: My CMD has directed the authority to initiate a fresh disciplinary proceeding after quashment of earlier inquiry. The High Court has quashed the earlier departmental inquiry on the ground of lack of sufficient materials. When I served the certified copy of the high court’s judgement the CMD was not willing to join me. He told me to join after a month. In the meantime the CMD has directed the AEO to initiate a fresh departmental inquiry. After receiving the order of the CMD a fresh inquiry has been initiated without furnishing a charge sheet. Moreover, the CMD has passed a fresh suspension order thereby suspending me.
Asked from: Jharkhand
To begin with, you ought to prepare yourself for filing a contempt petition in the high court. If the high court’s judgment has stipulated a timeframe for reinstatement, it’s imperative that you promptly submit a contempt application.
A serious mistake has been made by the CMD in initiating a new departmental inquiry without providing a new charge sheet. Furthermore, the suspension order is unlawful since there is no significant proof or material regarding the fresh misconduct.
You should also file a distinct writ petition and challenge the suspension order and initiation of de novo departmental inquiry. It is settled law that de novo inquiry cannot be initiated without issuing a fresh charge sheet.
The established legal principle that disciplinary proceedings commence only upon the issuance of a charge-sheet to the delinquent employee is beyond dispute. This has been affirmed in Union of India v. K.V. Jankiraman (1991).
The high court had nullified the previous inquiry, along with its subsequent effects. As a result, the current departmental inquiry cannot rely on the charge sheet from the previous one, rendering it unlawful and invalid. It’s possible that the high court may nullify this new inquiry as well.