1000 TIT BITS ON DISCIPLINE -138
566. Higher authority cannot exercise disciplinary powers
An Appellate authority or an authority higher than the Appointing authority cannot exercise any concurrent original disciplinary jurisdiction, ie, cannot initiate disciplinary action against a Government servant. Such authorities are also forbidden to issue any direction in regard to the penalty to be imposed.
The President can impose any of the penalties on any Government servant.
567. No bar for authority who conducted preliminary enquiry functioning as Disciplinary Authority
The authority who conducts the preliminary enquiry into a case of misconduct, etc., of a Government servant will not be debarred from functioning as a disciplinary authority to the same case, provided it has not openly given out its findings about the quilt of the accused official.
[Para. 50 of P & T. Manual, Vol. III]
568. Whether the office holding current charge can award punishments?
The officers who are holding current charge of the post or who are officiating in leave or temporary vacancies or stop gap arrangements cannot be considered as holders of such posts. Only the officers who are regularly appointed to a post by the competent appointing authority can exercise the statutory powers of the posts (Disciplinary Cases).
[MHA No. F7/14/61-Ests(A) dtd 24.01.1963]
569. Authority against whom a complaint was made cannot himself act as Disciplinary Authority against the complainant in the same manner.
[CAT Madras Bench OA No.1011 of 1992 P Appandiarajan V UOI & Others DOJ 12.03.1993]
570. If personally concerned or witness, one cannot act as disciplinary authority
As per DG P&T memo No.6/64/64 – Disc dtd 27.01.1965 an officer should not function as Disciplinary Authority if he is personally concerned with the charges or he is a material witness in support of the charges. The appropriate course for the Disciplinary Authority in such a case is to get an Adhoc Disciplinary Authority nominated under Rule 12 (2) of CCS [CCA] Rules 1965. Hence the impugned order set aside.
[Shri. Subavinder Singh V UOI & others CAT Chandigarh Bench. OA No.342 Pl of 1987 decided on 22.02.1991-1991(1) ATJ 587]
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