1000 TIT BITS ON DISCIPLINE -137
561. Only a penalty prescribed in the rules can be imposed
"It is a settled proposition of law that punishment not prescribed under the rules, as a result of disciplinary proceedings cannot be awarded."
[Vijay Singh v. State of U.P., C.A. No. 3550 of 2012 d. by Supreme Court on 13.4.2012]
562. No higher authority including the appellate authority has original disciplinary Jurisdiction.
(Rule 45 of P&T Manual vol. III.)
563. The rank of the Disciplinary Authority is to be decided with reference to the relevant dates, i.e., date of issue of the charge sheet and issue of final order
(Rule 49 of P&T Manual Volume III)
564. Disciplinary Power is vested on designation and not by name.
When an officer ceases to hold a post which provided him the disciplinary power, he ceases to be the disciplinary or ad-hoc Disciplinary Authority
565. Rank is important for determination of disciplinary authority
It is the rank of the Appointing authority that is important, not the Designation. SSPOs in Junior Time Scale and in Senior Timescale, though both known as Sr. Supdts. by designation, are different in rank.
If an official is appointed by a Supdt of Post Offices, who is in Group B, but confirmed in the post by a Sr.Supdt of Post Offices in Group A Senior Timescale, only a Group A Senior Time scale officer can impose one of the major penalties on him.
Post a Comment