Repeated de novo disciplinary inquiries cannot replace completed exonerating reports and may breach constitutional safeguards.

Rule 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957 does not permit a disciplinary authority to nullify completed inquiry reports simply because their findings are unfavourable and to initiate repeated de novo inquiries. If the inquiry is defective or material witnesses were omitted for sufficient reason, further evidence may be taken; otherwise, the recorded inquiry process must be respected. Repeated appointment of new inquiry officers after reports exonerating the employee was treated as an improper and harassing procedure. The resulting disciplinary action was held vitiated for breach of Article 311(2) of the Constitution of India.

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Issues: Whether the disciplinary authority could discard earlier inquiry reports exonerating the employee and appoint a fresh inquiry officer under Rule 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957, and whether the resulting procedure violated Article 311(2) of the Constitution of India.

Analysis: Rule 15 contemplates a disciplinary inquiry culminating in findings by the inquiry authority and consideration of the record by the disciplinary authority. It does not authorise the authority, merely because earlier reports do not suit it, to set aside completed inquiries and commence repeated fresh inquiries. At most, further evidence may be taken where the inquiry is defective or material witnesses were omitted for sufficient reason. On the record, the repeated appointment of inquiry officers after reports favourable to the appellant indicated an improper and harassing procedure, and the inquiry could not be treated as a proper one.

Conclusion: The fresh inquiry was not warranted under Rule 15 and the disciplinary action was vitiated by breach of Article 311(2) of the Constitution of India.

Ratio Decidendi: A disciplinary authority cannot, under Rule 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957, repeatedly nullify prior inquiry reports and order de novo inquiries merely because it disagrees with the findings; such a course, where no proper inquiry is held, violates Article 311(2) of the Constitution of India.

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