24. KNOWLEDGE SPECTRUM - DISCIPLINE -
31. If the DA proposed to cancel the charge sheet and issue a fresh one, he should mention the reason for cancellation, namely, his intention to issue a fresh charge sheet, in the order of cancellation. It should also be stated in the order that the proceedings were dropped without prejudice to further action against the employee. Otherwise, the DA is debarred from initiating fresh proceedings against the accused GS.
32. In case of appointments made on the basis of selection, the authority which makes the actual appointment and not the authority which made the selection will be the appointing authority.
33. A penalty imposed by an authority who is not competent is defective. Any subsequent confirmation of such an order by the competent authority will not make it valid. The competent authority will have to start fresh proceedings.
34. It is not the status of the GS at the time of commission of the offence, but status at the time of initiation of disciplinary proceedings, that determines who the competent authority is.
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