28. KNOWLEDGE SPECTRUM - DISCIPLINE -
31. It is essential that the reasons for dispensing with the inquiry are recorded in the file concerned before action is taken under Rule-19 (ii). The reasons need not find a place in the final order itself. If some DA feels like incorporating the reason briefly in the punishment order, he is free to do so.
32. The decision of the DA under Rule-19 (ii) cannot be questioned in appeal, revision or review. The GS can, however, request for an inquiry into the charges on which the penalty has been imposed on him.
33. Court and Tribunals have the power of judicial review of a decision taken under Rule-19 (ii). They are competent to quash the decision of the DA and ask him to hold an inquiry.
34. Action under Rle-19 (iii) is based on the satisfaction of the President or Governor. The satisfaction is arrived at with the aid and advice of the Council of Minister. The reasons for this satisfaction need not be recorded in the order imposing the penalty; the reasons cannot be made public also.
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