New Delhi, April 24 The Supreme Court has directed the reinstatement of a Gujarat judicial officer with all consequential benefits, after setting aside a disciplinary action that sought to subject her to a de novo inquiry.
A bench of Justices P.S. Narasimha and Alok Aradhe held that the order initiating a fresh inquiry against Chandni Prateek Sharma was contrary to the governing service rules, and consequently quashed the Gujarat High Court’s judgment, which had upheld the action.
"The respondents are directed to reinstate the appellant and to grant her all consequential benefits," the apex court ordered while allowing the appeal.
Sharma, who joined the Gujarat State Judicial Service in 2012 and was promoted to Senior Civil Judge in 2018, had been placed under suspension in February 2020 following complaints alleging misconduct, including habitual absenteeism and procedural irregularities.
An inquiry officer, after examining 21 witnesses, had found only one charge proved while exonerating her of the remaining allegations.
However, the disciplinary authority disagreed with the findings and ordered a de novo inquiry after issuing a show cause notice.
The Gujarat High Court, in its September 26, 2024 judgment, had upheld the decision, observing that the disciplinary authority had recorded reasons for ordering a fresh inquiry.
Setting aside this view, the Supreme Court clarified that Rule 10 of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 permits only a "further inquiry" and not a fresh or de novo inquiry.
"The expression 'further inquiry'… does not mean a fresh or a de novo inquiry but only a further inquiry," the Justice Narasimha-led Bench observed.
Holding that the initiation of a de novo inquiry was legally unsustainable, the top court said the Gujarat High Court failed to appreciate the settled legal position on the issue. Quashing the impugned judgment, the Supreme Court restored Sharma’s service, directing that she be reinstated with full consequential benefits flowing from such reinstatement.
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