1000 TIT BITS ON DISCIPLINE -140
576. Status at the time of initiation of disciplinary proceedings decides the disciplinary authority
It is not the status of the GS at the time of commission of the offence, but status at the time of initiation of disciplinary proceedings, that determines who the competent authority is.
577. ‘Power to punish be exercised only by the authority vested with such power and not even by one higher in rank’.
[P.M. Abdul Khater V U01 1990 (14) ATC 619 (Ernakulam)]
578. Appointment of an Adhoc Disciplinary – clarification
“There is no provision in the rules for the appointment of an Adhoc Disciplinary Authority but in the present case, official was appointed by class I officer. The present SPOs in class II cannot impose the penalty. Hence the DPS will have to act as Disciplinary Authority”
[DG P&T ND Lr No.43-42/78. Pen (Pt) dtd 20.06.1980]
579. If he is material witness, one should not issue charge sheet
“Tribunal noted that Disciplinary Authority was personally concerned with charges and he would be the material witness in support of the charges. Therefore, he could not have issued the article of charges and he should have got an Adhoc DA under Rule 12 (2) of CCS (CCA) Rules 1965.”
[Salwinder Singh VS UOI 1991 (1) ATJ 587]
580. When transfer not physically effected, old unit is competent to initiate disciplinary proceedings against the transferred officer
[G. Subba Rao v. Union of India and others; T.A. No. 1 of 1992; CAT, Hyderabad Bench, No.206 of Swamy's Case-Law Digest, 1993
Post a Comment