Legal Question in Employment Law in India

In a Departmental Inquiry (Disciplinary Proceedings) under CCS(CCA) Rules, 1965 the Inquiry proceedings had been completed by the first week of December 2014 and the Presenting and Charged officers have submitted their written briefs to the Inquiry Officer by the end of Decmber 2014 and second week of January 2015 respectively. The only task remaining has been the submission of Iquiry Report, which in the normal course should have completed within a period of three months i.e. by the second week of April.

However, the Disciplinary Authority, by the Order dated 23rd April has appointed another Inquiry Officer citing the reason that the Original Inquiry Officer could not complete the Inquiry due to the completion of tenure in the Department before the final report could be prepared.

The Order is strange in more than one way: it does not cancel or rescind the appointment of the First Inquiry Officer nor is a copy of this Order endorsed to him. Secondly, the completion of the tenure has not been a new development. It was well known that his tenure was to complete on 16th January. Surprisingly, the new Inquiry Officer has been appointed more than three months thereafter. All that the new Inquiry Officer has to do is to prepare the final report.

Is the appointment of the new IO said to lawful or legally required?

Can the inquiry report prepared by the new IO said to be accordance with the provisions of Article 311?

Is not the new development repugnant to the provisions of CCS(CCA) Rules and discipline of the Constitution?

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