it2025_00918 — Due to irregularity in conducting the disciplinary case, the disciplinary case enquiry report first submitted with the disagreement of disciplinary officer is to be taken into account and the case is to be decided

Due to irregularity in conducting the disciplinary case, the disciplinary case enquiry report first submitted with the disagreement of disciplinary officer is to be taken into account and the case is to be decided — This chunk discusses an appeal (OA) challenging a decision by the Disciplinary Authority (DA) who issued a fresh charge-memo without considering the earlier report on charge-memo, adding more charges... — Facts:Applicant working as Sub-Editor (English) in National Institute of Health and Family Welfare, R-2 herein, was issued with a charge-sheet, dated 21-11-2017 with four articles of charges. Enquiry Officer based on the explanation by the Applicant and enquiry proceedings held that the first article of charge was proved but the other charges, 2, 3 and 4 are not proved. Applicant submitted his reply on the enquiry report on 27-3-2019. Disciplinary Authority disagreeing with the Enquiry Officer held that all the charges are proved. This OA is filed challenging the order, dated 20-5-2019 whereby the DA set aside the report of IO and issued a fresh charge-memo, dated 30-7-2019 by adding three more Articles of charges. The action of the Respondent to set aside the order of the DA is deviation of settled procedure of law, states the Applicant. DA not satisfied with the report of the earlier disciplinary proceeding issued a charge-memo, dated 21-11-2017 without taking into account the earlier report on charge-memo. Power of ordering de novo inquiry can be exercised without taking recourse to the issuance of disagreement note. Both exercises cannot go together. In the de novo enquiry, the DA added three more articles of charges. The illegality further extended by appointing another IO in the place of an earlier one. The action required of the DA is to wait till the Applicant submitted his explanation on the enquiry report. But having ordered fresh enquiry without examining the first enquiry report and taking a suitable decision thereon another enquiry with more number of cases is utter disregard to procedure.