KNOWLEDGE SPECTRUM - DISCIPLINE -2 New evidence, Under what circumstances, in the cases, major penalty can be imposed? two penalties awarded for the same offence

 

 

6.  Whether new evidence can be produced by the presenting officer during inquiry?

 ·        The Inquiry Authority (IA) can allow the Presenting Officer (PO) to produce new evidence, i.e. evidence not included in the list given to the GS, or may itself call for new evidence or recall and re-examine any witness.

·        Such evidence may be called for only when there is an inherent lacuna or defect in the evidence produced originally, and not to fill up any gap in the evidence.

 

7. Under what circumstances, in the cases, major penalty can be imposed?

·        One of the major penalties may be imposed in the following cases:

o   Possession of disproportionate assets,

o   Illegal gratification,

o   Mis-appropriation of Government money, stores, etc

o   Falsification of Government records,

o   False claims like TA claims, LTC, reimbursements etc

o   Disclosure of secret or confidential information,

o   Misuse of official position.

 

8. Whether two penalties can be awarded for the same offence?

·        No two penalties can be imposed for the same offence.

·        But recovery can be ordered along with any other penalty.

9. The Departmental proceedings vis-à-vis criminal action

·        If the criminal trail results in conviction, disciplinary proceedings are bound to follow.

·        Even in the case of acquittal, disciplinary proceedings may follow where the acquittal is other than honourable.

·        However no departmental inquiry is permissible when the evidence clearly establishes that no charge against the Govt servant is made out.

·        Departmental proceedings and criminal proceedings can be proceeded simultaneously or separately. (OM No.11012/6/2007-Estt(A-III) dated 21.7.2016)

10. Whether disciplinary action can be taken for a misconduct committed in earlier employment?

·        Rule 11 says that for good and sufficient reasons penalties can be imposed on a GS.

·        This is adequate authority to initiate disciplinary action against a GS for misconduct committed in earlier employment, if the misconduct is of such a nature as to render him unfit and unsuitable to continue in service.

·        Suppose, the GS was a GDS employee in his earlier employment and had committed some misconduct, it is quite in order to initiate disciplinary proceedings against him for the past misconduct.

·        The proceedings will be ordered under CCS (CCA) Rules 1965, and not under GDS (Conduct and Employment) Rules 2021

·        As per MHA OM No 39/1/67.-Estt(A) dated 21.2.1967, departmental action can be taken for any misconduct in earlier employment.