1000 TIT BITS ON DISCIPLINE -139
571. The person who is witness cannot function as disciplinary authority
“The person who has to appear as the prime witness cannot in all fairness function as Disciplinary Authority. In such case it is up to him to move the Govt. for the appointment of an Adhoc Disciplinary Authority to proceed with the case.”
[Mangai V Director of Social Welfare Pondicherry TN. 1072 of 1986 decided on 20-11-1987 by CAT Madras Bench – 1998(1) ATJ 445]
572. Disciplinary Authority cannot himself cancel penalty imposed by him and initiate fresh proceedings.
[CAT Jaipur Bench OA No. 720 of 1992 Nawal Kishore V UOI & another DOJ 09-09-1993]
573. Minor penalty can be imposed by higher disciplinary authority
The higher disciplinary authority to whom the case was referred by the lower DA for imposition of one of the major penalties, can also impose one of the minor penalties if he decides to do so. However, the higher DA cannot remit the case back to the lower DA asking him to impose one of the minor penalties.
574. Selection authority is different from appointing authority
In case of appointments made on the basis of selection, the authority which makes the actual appointment and not the authority which made the selection will be the appointing authority.
575. A penalty imposed by an authority who is not competent is defective
A penalty imposed by an authority who is not competent is defective. Any subsequent confirmation of such an order by the competent authority will not make it valid. The competent authority will have to start fresh proceedings.
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