1000 TIT BITS ON DISCIPLINE -141
581. If on leave before joining new station, old authority can take disciplinary action
Employee under transfer proceeding on leave continues to be under the disciplinary control of the original authority until he actually takes charge of the new assignment
[Kishori Lal Dogra v. Commissioner of Police and others, O.A.NO 1317 of 1993; CAT, Principal Bench, New Delhi, No. 205 of Swamy's Case-Law Digest, 1993.)
582. The competent authority has to approve the initiation of charge and the charge itself:
Not only the competent authority has to approve the initiation of charge but also the charge itself. The charge sheet/charge memo having not been approved by the disciplinary authority was non est in the eye of law.
[Union of India Vs. B.V. Gopinath JT 2013 (12) SC 392]
583. When there is a complaint against the disciplinary authority, the authority himself should have indicated that instead of him someone else may be asked to function as disciplinary authority
When there was a complaint against the disciplinary authority, the disciplinary authority should have indicated that instead of him some other officer should be appointed as the disciplinary authority and he should not be asked to act, but he omitted to do so. Justice should not only be done but should also appear to have been done. As the human conduct reveals that a person who himself has been charged of corruption by his subordinate officer, obviously, it cannot be said that his mind will be free from all bias against such officer whose complaint could have led to the dismissal of the disciplinary authority and as such, disciplinary authority was obviously a biased officer and he should not have acted as the disciplinary authority.
[Rajendra Kumar Sikka v. Union of India and others, O.A. No. 354 of 1989; date of judgment 23.2.1993; Central Administrative Tribunal, Lucknow Bench; No. 143 of Swamy's Case Law Digest, 1994.]
584. No rights or status can accrue from an order made by an authority not legally competent to make it
[State of Punjab v. Jagdip Singh, AIR 1964 SC 521, para 8]
585. A Quasi-judicial order made by a statutory authority may on merits be right or wrong, but if it is validly made, it cannot be withdrawn or changed by Successor in Office
The Registrar of a Co-operative Bank had passed an order setting aside the resolution of the Board terminating the petitioner's service and the petitioner had been re-instated, but the new incumbent of the post of the Registrar ordered the withdrawal of the order of his predecessor, re-instating the petitioner to service. Held, the new Registrar was not competent to do so.
[Deokinandan v: Agra Distt. Co-op. Bank, AIR 1972 SC 2497)
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