Rules don’t allow re-inquiry after dropping of charges: Punjab and Haryana High Court

Saurabh Malik

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Chandigarh, July 30

In a significant judgment liable to change the way employees are proceeded against even after the closure of departmental proceedings based on inquiry reports, the Punjab and Haryana High Court has made it clear that the rules did not allow re-inquiry after the dropping of the charges by the competent authority.

The ruling by Justice Anil Kshetarpal of the high court came in a 15-year-old case where the Punjab Principal Secretary directed the Additional-Director, Audit Organisation (Revenue), to re-inquire into the charges levelled against the petitioner-employee.

Justice Kshetarpal’s Bench during the course of hearing was told that the re-inquiry was ordered two years after an inquiry officer in a detailed report concluded that the charges against the petitioner revolving around travelling allowance were not proved. The punishing authority then took a conscious decision to drop the charges against the petitioner.

But the re-inquiry, ordered by the Principal Secretary, culminated in an order of punishment, following which the District Treasury Officer vide office order dated October 3, 2008, debited retirement benefits of Rs 1,21,160. Challenging the order, the employee moved the high court in 2008 for directions to the respondents to release the pensionary benefits in accordance with his seniority at the time of his retirement, along with 10 per cent interest.

Justice Kshetarpal said the question for consideration before the Bench was: “Whether it was permissible to hold a departmental inquiry after the competent officer had closed the departmental proceedings based on the inquiry report?”

After hearing rival contentions and going through the documents, Justice Kshetarpal asserted the state of Punjab, in exercise of powers conferred under proviso to Article 309 of the Constitution, had framed the Punjab Civil Service (Punishment and Appeals) Rules, 1970. Rule 9 laid down the procedure for taking action on the inquiry report.

“There is no provision in the rules that allows for a re-inquiry after the charges have been dropped by the competent authority in a detailed order,” he said.

The observation

There is no provision in the Punjab Civil Service (Punishment and Appeals) Rules, 1970, that allows a re-inquiry after the charges have been dropped by the competent authority in a detailed order. — Justice Anil Kshetarpal