87. Knowledge Spectrum – Discipline - ROLE OF DISCIPLINARY AUTHORITIES - 3
7. How to find out who is the Disciplinary Authority?
Firstly, it must be remembered that the Disciplinary authority is determined with reference to the employee proceeded against. Schedule to the Rules 1965 lay down the details of the disciplinary authorities in respect of various grade of employees in different services in the Government. The President, the Appointing Authority, the Authority specified in the Schedule of the Rules (to the extent specified therein) or by any other authority empowered in this behalf by any general or special order of the President may impose any of the Penalties specified in Rule 11.
Appointing Authority as mentioned in the Schedule must be understood with reference to rule2 (a) of the Rules. The question as to who is the appropriate disciplinary authority must be raised and answered not only while issuing charge sheet but also at the time of imposing penalty because there might have been some change in the situation due to delegation of powers, etc. in the organization.
8. What are the functions of the Disciplinary Authority?
Disciplinary authority is required to discharge the following functions:
(a) Examination of the complaints received against the employees
(b) Deciding as to who is to be appointed as the investigating authority
(c) Taking a view as to whether there is any need to keep the delinquent employee under suspension
(d) Taking a view on the preliminary investigation report and deciding about the future course of action thereon, such as warning, training, counseling, initiation of major or minor penalty proceeding, prosecution, discharge simpliciter, etc.
(e) Consultation with the Central Vigilance Commission (CVC) where necessary
(f) Deciding whether there is any need to issue of charge sheet or penalty may be imposed dispensing with inquiry under the appropriate provision
(g) Issue of charge sheet where necessary - Rule 14(3)
(h) In the case of minor penalty proceedings, deciding, either suo motu or based on the request of the delinquent employee, as to whether it is necessary to conduct a detailed oral hearing.
(i) In the case of minor penalty proceedings, forming tentative opinion about the quantum of penalty based on the representation of the delinquent employee, if any, and ordering for a detailed oral hearing where necessary.
(j) After issue of charge sheet, deciding as to whether there is any need to conduct inquiry, or the matter may be closed, or the penalty can be imposed, based on the unambiguous, unconditional and unqualified admission by the delinquent employee.
(k) Passing final order imposing penalty or closing the case, based on the
response of the delinquent employee
(l) Appointment of Inquiry Authority and Presenting Officer, where necessary
(m)Taking a view on the request, if any, of the delinquent employee for
engagement of a Legal Practioner as Defence Assistant
(n) Making originals of all the listed documents available to the Presenting Officer so that the same could be presented during the inspection of documents.
(o) Examination of the inquiry report to decide as to whether the same needs
to be remitted back to the inquiry authority - Rule 15(1)
(p) Deciding as to whether the conclusion arrived at by the Inquiring Authority is acceptable and to record reasons for disagreement if any – Rule 15(2)
(q) Consultation with CVC or UPSC where necessary
(r) Forward the inquiry report to the delinquent employee together with the reasons for disagreement, if any and the recommendations of the CVC where applicable - Rule 15(2)
(s) Considering the response of the delinquent employee to the inquiry report and the reasons for disagreement and taking a view on the quantum of penalty or closure of the case. Rule 15(2)A
(t) Pass final order in the matter – Rule 15(3)
(u) On receipt of copy of the appeal from the penalized employee, prepare comments on the Appeal and forward the same to the Appellate Authority together with relevant records. - Rule 26(3)
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