Model Representation 14 Treating suspension period as duty if minor penalty proceeding is initiated

 MODEL REPRESENTATIONS & APPEALS

The following are few examples for drafting the replies, appeals and petitions. Similarly we should attempt in drafting the cases with simple language pinpointing the points properly. Hope this will give you some light in the drafting skill.

1.     Appeal against suspension resorted to for minor offence

Case: A Postal Assistant was placed under suspension on …….. showing the ground that disciplinary proceeding was contemplated against him. On expiry of the period of 90 days, he received an order, dated ………, extending the suspension for a further period of 60 days.

During the extended period of suspension, a minor penalty proceeding under Rule 16 of the CCS (CCA) Rules, 1965, was initiated against him in a Memorandum, dated ………..

The PA concerned submitted the following appeal.

 Sub: Order of suspension followed by initiation of minor penalty proceedings – Prayer for revocation of suspension.

Sir,

This is an appeal preferred under the provision of clause (i) of Rule 23 of CCS (CCA) Rules, 1965.

(A) Facts of the case

(i) That while working as PA in the Office of the ..........., I was placed under suspension under Clause (a) of sub-rule (1) of Rule 10 of CCS (CCA) Rules, on …….. on the ground that a disciplinary proceeding was contemplated against me.

A copy of the Order No........., dated ………. placing me under suspension is enclosed as Annexure-1.

(ii) that in Order No........., dated ………., the suspension was extended for a further period of 60 days.

A copy of the above order is enclosed an Annexure-2.

(iii) That in Memorandum No.........., dated ……….., a minor penalty proceeding was initiated against me under Rule 16 of CCS (CCA) Rules, 1965.

A copy of the aforesaid Memorandum is enclosed as Annexure-3.

(iv) That the original order of suspension, dated ……., as also the order, dated 10.1.2020 for extension of suspension for a further period of 60 days are appealed against on the following grounds:

(B) Grounds for appeal

(i) In Government of India, Dept. of Per. & Trg., o. M. No. 11012/ 15/85-Est. (A), dated 3.12.1985, there is mandatory instruction that suspension should be resorted to only in those case where a major penalty is likely to be imposed on conclusion of the proceeding and not a minor penalty.

(ii) Since a minor penalty proceeding has been initiated against me vide Annexure-3, the order placing me under suspension is not valid as per the provisions of CCS (CCA) Rules, read with the instructions of Government of India.

(C) Relief sought

In view of the facts and circumstances stated above, I humbly pray that, in exercise of the power conferred in sub-rule (1) of Rule 27 of CCS (CCA) Rules, the Appellate Authority may kindly revoke the order of suspension retrospectively from ……... It is also prayed that in terms of the order of Government of India, dated 3.12.1985, cited above, the period of suspension from ……… may kindly be ordered to be treated as duty allowing me full pay and allowances for the entire period of suspension minus the Subsistence Allowance paid to me. An early order is solicited

Yours faithfully,

Copy (in duplicate) to the ......... (suspending authority) for information with the request that the appeal of the undersigned may kindly be forwarded to the Appellate Authority with comments and relevant records in terms of sub-rule (3) of Rule 26 of CCS (CCA) Rules, 1965.