SRINAGAR: In a major ruling, the Central Administrative Tribunal (CAT), Jammu Bench, quashed the departmental inquiry initiated against Hafiz-ul-Rehman, a Junior Assistant in the office of the Regional Transport Officer (RTO), Jammu. The judgment, passed on October 16, 2024, also set aside the government’s appointment of an inquiry officer, citing procedural violations in the inquiry process.
Rehman, who had been issued a charge sheet about alleged misconduct, challenged the departmental inquiry and the appointment of the inquiry officer through O.A No.1136/2023. The tribunal’s decision came after the applicant, represented by counsel Faheem Shokat Butt, argued that the inquiry had been initiated in violation of Rule 33 of the Jammu and Kashmir Civil Services (Classification, Control, and Appeal) Rules, 1956 (J&K CCA Rules).
According to the counsel, the government appointed RTO Kashmir as the inquiry officer through an order issued on August 31, 2023, before formally serving Rehman with the Article of Charges. The charge sheet, dated September 1, 2023, was subsequently served by the inquiry officer—a procedure deemed unlawful by the tribunal. Butt contended that, as per the rules, the appointing authority or a higher authority should have served the charge sheet, not the inquiry officer, who lacks the authority to issue such documents.
The tribunal agreed with these arguments, noting that the procedure followed by the government was flawed and likening it to “putting the cart before the horse.” The court further observed that the same allegations had already been investigated by a previous inquiry officer, who had submitted a report on August 28, 2023. As per the J&K CCA Rules, there is no provision for conducting multiple inquiries into the same allegations. Allowing the government to proceed with a second inquiry on the same matter would give them “unfettered power” to re-investigate until a desired outcome was achieved, the tribunal noted.
In its ruling, the CAT declared the appointment of the inquiry officer and the memorandum of charge sheet as unsustainable under the law, effectively quashing the inquiry and clearing Rehman of further proceedings on the matter.
