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As per case facts, Praveen Kumar, a Technical Officer, faced disciplinary action for misconduct. After initial challenges, an inquiry was conducted by a retired officer, Mr. Inder Singh, who found
...him guilty, leading to a reduction in rank. Kumar appealed, but it was rejected. He then filed a Writ Petition, which a Single Judge partly allowed, finding violations of Rule 11(2) (appointment of retired officer) and Rule 11(4) (denial of personal hearing) of the EIA Rules, remitting the matter. Both parties appealed to the High Court. The question arose whether a retired public servant could be an Inquiring Authority under Rule 11(2) and if Rule 11(4) was violated by denying a personal hearing post-inquiry report. Finally, the High Court held that Rule 11(2) includes retired public servants if remunerated. It also clarified that Rule 11(4) requires a hearing during the inquiry, not post-report, and found no violation, allowing the employer's appeal and dismissing the employee's appeal, setting aside the Single Judge's Order.
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