1000 TIT BITS ON DISCIPLINE -134
546. Types of cases which may merit action for imposing one of the major penalties
I. Cases in which there is a reasonable ground to believe that a penal offence has been committed by a Government servant but the evidence forthcoming is not sufficient for prosecution in a court of Law, e.g.
(a) possession of disproportionate assets;
(b) obtaining or attempting to obtain illegal gratification;
(c) misappropriation of Government property, money or stores;
(d) obtaining or attempting to obtain any valuable thing or pecuniary advantage without consideration or for a consideration which is not adequate.
2. Falsification of Government records.
3. Gross irregularity or negligence in the discharge of official duties with a dishonest motive.
4. Misuse of official position or power for personal gain.
5. Disclosure of secret or confidential information even though it does not fall strictly within the scope of the Official Secrets Act.
6. False claims on the Government- like T.A. claims, reimbursement claims, etc.
[D.G. P. & T. letter No. 6/19/72- Disc. I, dated the 29th November, 1972.]
547. In no circumstances, should an authority higher than the punishing authority issue any direction in regard to the penalty to be imposed.
Neither should a punishing authority obtain the guidance or comment of any superior authority in this respect. Nothing in this rule shall affect the authority of the President to impose any of the penalties on any Government servant.
[Para. 156 of P. & T. Manual, Vol. III].
548. Order of recovery cannot be passed as a result of fact finding enquiry.
(1991) 15 ATC 83 Calcutta
549. Forward the records of the inquiry to the higher DA for imposing penalty
If a Disciplinary Authority (DA) is not competent to impose one of the major penalties on the GS, and is of the opinion that one such penalty should be imposed, he shall forward the records of the inquiry to the higher DA who is competent to impose major penalties on the GS.
550. No Removal By Subordinate Authority
'Subordinate' means subordination in rank and not in respect of function. Where the order of dismissal is made by an authority subordinate to the appointing authority, the unconstitutionality is not cured by the fact that the order of dismissal is confirmed, on appeal by the proper authority.
[Suraj Narain Anand v. North West Frontier Province, AIR 1942 FC 3]
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