13.Questions on General Knowledge

 67. KNOWLEDGE SPECTRUM - DISCIPLINE - FAQ

109. Whether the officer holding current charge can award punishments?

 The officers who are holding current charge of the Post or who are officiating in leave or temporary vacancies or stop gap arrangements cannot be considered as holders of such posts. Only the officers who are regularly appointed to a post by the competent appointing authority can exercise the statutory powers of the posts. (Disciplinary Cases).

(MHA No F7/14/61- Ests (A) dt. 24.01.63)

110. Whether the lower authority (suppose Supdt. of Pos) can award dismissal/removal of the official recruited by the higher authority (SSPOs)?

 No. As per Article 311 (i) that no person holding a civil post shall be dismissed or removed by an authority subordinate to that by which he was appointed. One official may have many appointing authorities in every stage and in cases of promotions etc. Therefore the highest authority among the appointing authorities should alone exercise the powers as appointing authority for imposing major penalty of dismissal removal.

(Rule 2 (a) of CCS (CCA) Rules 1965)

111. Whether the closed cases can be reopened and proceeded further?

 Once the disciplinary authority takes action against the official and awarded warning etc. and ultimately closed the case, the same matter cannot be reopened again on the ground that procedures contemplated under the rules had not been followed earlier. However, the reviewing authority after giving the notice to the concerned within the period prescribed for such a review can reverse the order earlier made by the disciplinary authority.

112. An official was ordered for recovery and subsequently awarded with punishment for the same lapse. Will it not be the double punishment for one offence? Is it permissible?

 As per the Dte letter dated 30.03.81, in disciplinary cases, two punishments should not be imposed for the same offence. However recovery can be ordered for the pecuniary loss sustained to the Govt. along with any other penalty. This order has not been challenged so far.