. Further inquiry should not be ordered in cases where the order of dismissal, removal or compulsory retirement from Service is set aside by a court of law except where it is set aside on technical ground by the court:

3. Further inquiry should not be ordered in cases where the order of dismissal, removal or compulsory retirement from Service is set aside by a court of law except where it is set aside on technical ground by the court:- The scope of the action that can be taken against a member of the Service whose dismissal, removal or compulsory retirement from Service has been set aside or declared or rendered void in consequence of or by a decision of a court of law under sub-rule (6) of Rule 3 and the circumstances which a disciplinary authority should take into account while taking recourse to this rule have been examined and it is clarified for the information of State Governments that further inquiry contemplated in sub-rule (6) of rule 3 of the All India Services (Discipline and Appeal) Rules, 1969 should not be ordered except in case when the penalty of dismissal removal or compulsory retirement has been set aside by a Court of Law on technical grounds without going into the merits of the case or when fresh material has come to light which was not before the Court. A further inquiry into the charges which have not been examined by the Court, can however, be ordered by the inquiring authorities under sub-rule (6) of rule 3 ibid depending on the facts and circumstances of each case. [D.P. & A.R. letter No. 11018/8/78—AIS (III), dated 19-5-1978.]