While in service disciplinary proceedings were initiated against the petitioner. An Inquiry Officer was appointed and the Inquiry Officer submitted its report to the disciplinary authority. However, the disciplinary authority disagreeing with the said report stated that the report is not satisfactory and re-appointed another Inquiry Officer, which has proceeded and submitted a report and a show cause notice has been served upon the petitioner as to why the petitioner be not given major punishment.
According to the learned counsel for the petitioner, once initial enquiry report was submitted it was incumbent upon the disciplinary authority, if it was not satisfied with the finding of the Inquiry Officer, to issue show cause notice to the petitioner giving reasons therein regarding his dissatisfaction, without taking such an action fresh enquiry is being conducted, which is against the law.
The matter requires consideration.
Let a counter affidavit be filed within one month.
List on 7.5.2014.
In the meantime, it is provided that the petitioner will be entitled at least the provisional pension, which shall be paid to him.
Order Date :- 4.4.2014 SKM