‘No reason to stultify enquiry’: SC disposes of plea against HC order

The SC order stated, “In its order dated July 3, the Division Bench of the High Court has recorded the statement which was made by the Advocate General…that the competent authority of the State government will initiate disciplinary action against the two officers who were posted as Municipal Commissioners of the Vadodara Municipal Corporation… we are of the considered view that there is no reason for this Court to stultify the enquiry at its very threshold…”

The court, however, said that the observations of the Division Bench of the Gujarat HC should not influence the officer appointed to conduct the inquiry.

The SC order stated, “Since there are observations in the impugned order of the Division Bench, which may have a bearing on the merits of the allegations on the one hand and the defence of the petitioner, we clarify that the officer who is appointed to conduct the disciplinary enquiry shall do so uninfluenced by the observations which are contained in the impugned order.”

The SC also stated that it had “kept open” all the rights and remedies for Rao “in the course of the disciplinary inquiry”.

The Gujarat HC Division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi, in the order dated July 3, had said, “In our tentative opinion, both the Municipal Commissioners posted at the relevant point of time, are guilty of dereliction of duty and misuse of their position… The disciplinary action, so initiated, shall be brought to its logical conclusion by adopting due procedure of law, and the result of the same shall be brought before the Court in the instant petition.”

Fourteen people including 12 students of the New Sunrise School died after a boat capsized in Harni lake on January 18.