93. Knowledge Spectrum – Discipline - ROLE OF DISCIPLILNARY AUTHORITIES -9
19. What is the justification for imposition of penalty in the case of sexual harassment, based on the report of the Complaints Committee without initiating any proceedings under Rule 14 of the CCA Rules?
Cases relating to sexual harassment are covered under the proviso the Rule 14(2) which is extracted hereunder:
Provided that where there is a complaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services (Conduct) Rules, 1964, the Complaints Committee established in each ministry or Department or Office for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these rules and the Complaints Committee shall hold, if separate procedure has not been prescribed for the complaints committee for holding the inquiry into the complaints of sexual harassments, the inquiry as far as practicable in accordance with the procedure laid down in these rules.
As the employee had been provided reasonable opportunity of defence before the Complaints Committee he cannot complain of denial of reasonable opportunity of defence.
20. What about the cases relating to sub-letting of Government Accommodation?
Based on the following observation of the Hon’ble Supreme Court in its order dated 29.11.1996 in Writ Petition No. 585/94 (S.S.Tiwari Vs. UOI & Others), the Government has issued instructions [DOPT OM No. 11012/2/97-Estt.(A), dated 31.12.1997] for initiating proceedings against the erring Government Servants. However it must be observed that in these types of cases only the findings of the complaints committee are binding and the proceedings under CCA Rules are required to be carried out:
It is, therefore, obligatory for the disciplinary authority of the department concerned to initiate disciplinary proceedings against concerned Government servant under Rule 14 of the CCS (CCA) Rules, 1965. As soon as the allotment is cancelled by the Directorate of Estate on the ground of sub-letting, the disciplinary authority of the Department concern shall initiate disciplinary proceedings against the Government servant concerned. The findings of the Directorate of Estates regarding sub-letting shall be binding on the disciplinary authority for the purpose of initiating the disciplinary proceedings. Once the disciplinary proceedings are initiated, the procedure laid down under the CCS (CCA) Rules shall take its own course. Since the disciplinary proceedings in such cases would be initiated on a charge of grave misconduct, the competent authority may consider placing the delinquent Government servant under suspension."
21. What is the position about the cases falling under the second proviso to clause (2) of Article 311?
The cases discussed above are outside the ambit of CCA Rules. In fact, in the above stated cases, with the exception of sexual harassment and sub-letting of accommodation, the Government Servant is not being awarded any penalty at all. On the other hand, the cases falling under the second proviso to clause (2) of Article 311, the proceedings are very much under the CCA Rules with the only exception that they are under the special provisions prescribed in Rule 19 of the CCA Rules, which, in a sense is the exemption to Rule 14 of the CCA Rules
Post a Comment