KNOWLEDGE SPECTRUM - DISCIPLINE -1 Disciplinary authority, records sought under Rule 16, Inquiry in Rule 16 for minor penalty, Defence assistant a legal practitioner

 1. Who shall be the Disciplinary authority? What are the specific conditions?

        It is the rank of the Appointing authority that is important, not the Designation.

·        SSPOs in Junior Time Scale and in Senior Timescale, though both known as Sr. Supdts. by designation, are different in rank.

·        If an official is appointed by a Supdt of Post Offices, who is in Group B, but confirmed in the post by a Sr.Supdt of Post Offices in Group A Senior Timescale, only a Group A Senior Time scale officer can impose one of the major penalties on him.

·        An Appellate authority or an authority higher than the Appointing authority cannot exercise any concurrent original disciplinary jurisdiction, ie, cannot initiate disciplinary action against a Government servant.

·        Such authorities are also forbidden to issue any direction in regard to the penalty to be imposed.

·        The President can impose any of the penalties on any Government servant.

2.    Whether the records sought for shall be given to the charged official under Rule 16?

·        Normally no records are made available to the Government servant for inspection (if there is no inquiry).

·        But if the Government servant makes a specific request for permitting him to inspect the relevant records, the Disciplinary authority may grant such permission.

 

3.    Whether Inquiry can be sought for in Rule 16 cases for imposing minor penalty?

 ·        Inquiry under Rule 16(1)(b) is obligatory if it is proposed 

·        (1) to withhold increments of pay which is likely to affect adversely the amount of pension payable to the Government servant, or

·        (2) to withhold increments of pay for a period exceeding 3 years, or

·        (3) to withhold increments of pay with cumulative effect for any period.

·        The accused Government servant can request for an inquiry and the Disciplinary authority may grant the request.

·        If the request is not considered, the Disciplinary should record reasons for such a decision, and communicate them to the Government servant.

·        After an inquiry under Rule 16(1)(b), the Disciplinary authority can impose only one of the minor penalties.

 4.    Whether the Defence assistant can be a legal practitioner?

 ·        If the Presenting Officer is a legal practitioner, the Government Servant (GS) may also engage a legal practitioner.

·        In special circumstances, considering the complex nature of the case, the Disciplinary authority can allow the GS to engage a legal practitioner.

·        If the presenting officer is from the CBI, there is sufficient reason to allow the GS to engage a legal practitioner.

5.    What are the conditions to engage a defence assistant?

 

·        The Government Servant does not have to get permission from the Disciplinary authority to engage an Assisting Government Servant (AGS).

·        But the AGS should obtain the permission of his controlling authority before agreeing to assist the GS.

·        An AGS can take up at a time only 3 disciplinary cases for giving assistance.

·        A retired Government servant can also work as AGS. He can take up 5 cases at a time.

·        A GS who is under suspension can function as AGS for another GS.

·        A retired GS can function as AGS under the following conditions:

o   he should have retired from service under the Central Government

o   if he is a legal practitioner, the restrictions on engaging a legal practitioner by the accused GS will apply

o   he should not have been associated with the case in his official capacity when he was in service

o   he should not have more than 5 cases on hand. – Kayveeyes--