Bombay High Court at Goa Quashes De Novo Inquiry Order in Disciplinary Proceedings Against Government Officer for Alleged Fraudulent Award of Works Without Tenders. Disciplinary Authority Cannot Order Fresh Inquiry Without Setting Aside Earlier Report and Without Hearing Delinquent Officer.

High Court: Bombay High Court Bench: GOA In Favour of Accused
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Case Note & Summary

The petitioner, Shri K. Kamaladinni, a government officer, challenged an order dated 28 August 2018 directing a de novo inquiry into charges against him. He was suspended on 2 May 2013 and a charge memorandum was issued on 4 February 2015 alleging that he fraudulently awarded 847 works of the Public Works Department worth Rs.52.59 crores without publishing tenders, violating CPWD Manual provisions. An inquiry officer, Mr. Menino D'Souza, was appointed and submitted his report on 1 September 2017. Without setting aside that report or providing reasons for disagreement, the respondents ordered a de novo inquiry. The petitioner sought quashing of that order and consequential benefits. The court held that the impugned order was unsustainable as the disciplinary authority did not record any reasons for disagreeing with the inquiry officer's findings nor did it set aside the earlier report. The court quashed the order dated 28 August 2018 and directed the respondents to proceed with the disciplinary inquiry from the stage of the inquiry officer's report, after providing an opportunity of hearing to the petitioner. The rule was made absolute with no order as to costs.

Headnote

A) Service Law - Disciplinary Proceedings - De Novo Inquiry - Order for de novo inquiry without setting aside earlier inquiry report and without hearing delinquent officer is unsustainable - The disciplinary authority must record reasons for disagreement with the inquiry officer's findings and provide an opportunity of hearing before ordering a fresh inquiry (Paras 3-6).

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Issue of Consideration

Whether the disciplinary authority can order a de novo inquiry without first setting aside the earlier inquiry report and without providing an opportunity of hearing to the delinquent officer

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Final Decision

The impugned order dated 28 August 2018 is quashed and set aside. The respondents are directed to proceed with the disciplinary inquiry from the stage of the inquiry officer's report dated 1 September 2017, after providing an opportunity of hearing to the petitioner. Rule made absolute. No order as to costs.

Law Points

  • De novo inquiry cannot be ordered without setting aside earlier inquiry report
  • Disciplinary authority must record reasons for disagreement with inquiry officer's findings
  • Natural justice requires opportunity of hearing before ordering de novo inquiry
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Case Details

2019 LawText (BOM) (12) 143

Writ Petition No.133 of 2019

2019-12-09

M.S. Sonak, Smt. M.S. Jawalkar

2019:BHC-GOA:3504-DB

Mr. Vivek Rodrigues for Petitioner, Mr. Sagar Dhargalkar for Respondents

Shri K. Kamaladinni

State of Goa through its Chief Secretary, The Director (Vigilance) & Ex-Officio Addl. Secretary of the Government of Goa, The Under Secretary (Personnel), The Director, Directorate of Accounts, Government of Goa

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Nature of Litigation

Writ petition challenging order directing de novo inquiry in disciplinary proceedings

Remedy Sought

Quashing of order dated 28 August 2018 directing de novo inquiry and consequential benefits

Filing Reason

Respondents ordered de novo inquiry without setting aside earlier inquiry report or providing hearing

Previous Decisions

Inquiry officer submitted report on 1 September 2017; disciplinary authority ordered de novo inquiry on 28 August 2018

Issues

Whether the disciplinary authority can order a de novo inquiry without setting aside the earlier inquiry report Whether the disciplinary authority must provide an opportunity of hearing before ordering de novo inquiry

Submissions/Arguments

Petitioner argued that the impugned order was passed without setting aside the earlier inquiry report and without providing any opportunity of hearing Respondents argued in support of the order

Ratio Decidendi

A disciplinary authority cannot order a de novo inquiry without first setting aside the earlier inquiry report and without recording reasons for disagreement with the inquiry officer's findings. Natural justice requires that the delinquent officer be given an opportunity of hearing before such an order is passed.

Judgment Excerpts

The Petitioner challenges the order dated 28th August, 2018 made by and on behalf of the Respondents, ordering the de novo inquiry into the charges levelled against the Petitioner vide Charge Memorandum dated 4th February, 2015. The impugned order dated 28th August, 2018 is unsustainable and is liable to be quashed and set aside.

Procedural History

Petitioner suspended on 2 May 2013; charge memorandum issued on 4 February 2015; inquiry officer appointed; report submitted on 1 September 2017; impugned order dated 28 August 2018 directing de novo inquiry; writ petition filed in 2019; heard and decided on 9 December 2019.

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