88. Knowledge Spectrum – Discipline - ROLE OF DISCIPLINARY AUTHORITIES -4
9. What happens if any of the functions of the Disciplinary Authority has been performed by an authority subordinate to the disciplinary authority?
Where a statutory function has been performed by an authority who has not been empowered to perform it, such action without jurisdiction would be rendered null and void. The Hon’ble Supreme Court in its Judgment dated 5th September 2013, in Civil Appeal No. 7761 of 2013 (Union of India & Ors. Vsd. B V Gopinathan) has held that the statutory power under Rule 14(3) of the CCA rule has necessarily to be performed by the Disciplinary Authority. as under: “49. Although number of collateral issues had been raised by the learned counsel for the appellants as well the respondents, we deem it appropriate not to opine on the same in view of the conclusion that the charge sheet/charge memo having not been approved by the disciplinary authority was non est in the eye of law.”
10. What knowledge is required for the efficient discharge of the duties in conducting disciplinary proceedings?
Disciplinary Authority is required to be conversant with the following:
❖ Constitutional provisions under Part III (Fundamental Rights) and Part XIV (Services Under the Union and the States)
❖ Principles of Natural Justice
❖ CCS(CCA) Rules 1965 or the relevant rules applicable to the organization
❖ Government of India Instructions relating to disciplinary proceedings
❖ Vigilance Manual
❖ Instructions of CVC and UPSC relating to disciplinary proceedings
❖ Case law relating to disciplinary proceedings
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