72. KNOWLEDGE SPECTRUM - DISCIPLINE - FAQ
128. Whether the original punishing authority is competent to review and change his own order?
No. It is not within the competence of the disciplinary authority to cancel his own order.
(DG Posts No. 9/16/83. Vig III dt. 24.12.1985)
129. Is there any time limit for forwarding appeals prescribed?
Yes. Appeals should be promptly forwarded to appellate authorities within a period of 45 days from the date of receipt.
Review petitions, petitions and memorials addressed to the President should be forwarded to the proper authorities within a period of 60 days of their receipt.
(DG P &T No. 6/2/80-Disc II Dt. 10.09.1980)
Review petitions, petitions and memorials addressed to the President should be forwarded to the proper authorities within a period of 60 days of their receipt.
(DG P &T No. 6/2/80-Disc II Dt. 10.09.1980)
130. Which are the cases, where no appeal is permissible?
Any order made by the President.
Any order of interlocutory nature or in the nature of step-in-aid of the final disposal of a disciplinary proceeding other than an order of suspension.
Any order passed by an Inquiry Officer during the course of inquiry. (However, an appeal can be submitted against an order of IO rejecting request for engagement of a Defence Assistant from some outstation.)
131. Whether waival of prosecution can be considered in all cases?
It is clarified that normally in all cases which involved an amount of more than Rs. 5000/- prosecution should be launched, irrespective of recovery of loss either in full or in part. The waival of prosecution should be considered only in case where there is no sufficient evidence for successful prosecution and consequent conviction of the principal offender. There is, therefore, no nexus between the waival of prosecution and the extent of loss made good by or on behalf of principal offender.
(DG (P) No. 8-5/Rlg/8-Inv dated 01.02.1988)
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