Departmental inquiries are a common part of service law for government employees, used to investigate alleged misconduct. However, many inquiries are challenged before the Central Administrative Tribunal (CAT) when they are perceived as unfair, illegal, or in violation of service rules.
Government employees frequently ask:
“Under what circumstances can CAT quash a departmental inquiry?”
This blog explains the legal grounds, case laws, and practical situations where CAT exercises its power to quash inquiries, helping employees understand their rights and remedies.
What Is a Departmental Inquiry?
A departmental inquiry is a formal investigation conducted by a government authority to determine whether an employee has:
- Violated service rules
- Committed misconduct
- Breached conduct regulations
The inquiry may lead to penalties such as:
- Warning or censure
- Suspension
- Demotion
- Dismissal, removal, or compulsory retirement
CAT’s Power to Quash Departmental Inquiries
CAT has the power to quash departmental inquiries under Section 19 of the Administrative Tribunals Act, 1985, especially if:
- The inquiry is illegal, arbitrary, or mala fide
- Service rules or statutory provisions are violated
- Principles of natural justice are not followed
- Limitation or procedural requirements are ignored
CAT does not retry cases on merits but ensures that the process is lawful and fair.
Circumstances Where CAT May Quash Departmental Inquiries
1️⃣ Violation of Principles of Natural Justice
CAT often quashes inquiries if:
- The employee is not given notice of charges
- No opportunity to be heard in defense
- Inquiry officer shows bias or prejudice
- Evidence is not properly recorded or considered
Principles of natural justice include audi alteram partem (right to be heard) and rule against bias (nemo judex in causa sua).
2️⃣ Lack of Jurisdiction
A departmental inquiry may be quashed if:
- Conducting authority does not have power under service rules
- Inquiry exceeds statutory or delegated authority
- Matter falls outside service rules, e.g., unrelated personal disputes
CAT ensures that only competent authorities conduct inquiries.
3️⃣ Mala Fide or Arbitrary Action
CAT may intervene if:
- Inquiry is initiated with malice or personal vendetta
- Administrative action is unreasonably delayed
- Inquiry is used as a tool to harass or intimidate
Courts have repeatedly emphasized that arbitrariness and mala fide conduct are grounds for quashing.
4️⃣ Delay or Procedural Lapses
- Inquiries conducted after unreasonable delay can be quashed
- Violation of time-limits prescribed under service rules
- Ignoring mandatory departmental procedures before initiating inquiry
CAT balances procedural compliance with service fairness.
5️⃣ Punishment Not Covered by Rules
- Penalty exceeds what is authorized under service rules
- Imposing dismissal, demotion, or stoppage of pay without following prescribed procedure
- Department attempts to bypass statutory safeguards
6️⃣ Duplicate or Already Decided Matters
- Inquiry initiated on matters already adjudicated
- Double jeopardy principle violation
- CAT may quash to prevent harassment through repeated inquiries
Key Takeaways for Government Employees
- Document all communications related to inquiry
- Check whether service rules have been followed
- Verify limitation and procedural compliance
- Seek legal advice before participating in inquiry if irregularities are noticed
Filing a petition before CAT early can prevent illegal proceedings from causing career damage.
Conclusion
CAT has consistently protected employees from illegal, arbitrary, or mala fide departmental inquiries. The Tribunal ensures that principles of natural justice, statutory compliance, and fairness are strictly followed.
Government employees facing departmental inquiries should understand their rights, legal remedies, and circumstances under which CAT can intervene.
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