123. Knowledge Spectrum – Discipline Minor Penalties - 39
104. What is the advantage of taking recourse to minor penalty proceedings?
Minor penalty proceedings can be concluded with minimum loss of time. In most of the cases, final order in a minor penalty proceedings could be passed in less than four weeks of framing of charges, unless consultation with UPSC is necessary. As rightly observed by the Hota Committee, “a minor penalty swiftly but judiciously imposed by a Disciplinary Authority is much more effective than a major penalty imposed after years spent on a protracted Inquiry.”
105. What is the procedure for imposing minor penalty?
The following are the steps involved in imposition of minor penalty:
(a) A memorandum is issued together with a statement of imputations of misconduct or misbehavior.
(b) Any documentary evidence in support of the charge may have to be annexed to the charge memorandum or made available to the delinquent official.
(c) The delinquent official may be allowed time up to 10 days for submitting reply.
(d) Any request for extension of time may be considered objectively subject to conditions of reasonableness
(e) Any request for inspection of records or copies of documents may be allowed if its denial will amount to denial of reasonable opportunity
(f) On examination of the reply of the charged officer, or on expiry of the time allowed for submitting reply, a reasoned order may be passed
106. Can minor penalty be imposed on conclusion of proceedings for imposition of a major penalty?
There is no objection to impose minor penalty on conclusion of the proceedings under Rule 14 of CCA Rules for imposition of major penalty, if the disciplinary authority feels that minor penalty is adequate to meet the ends of justice
107. Can an authority competent to impose major penalty initiate and conduct minor penalty proceedings?
There is no embargo for a higher disciplinary authority to initiate and conduct minor penalty proceedings. However, such circumstances should not lead to raising of eyebrows.
108. If the authority competent to impose major penalty had initiated and conducted major penalty proceedings, can such authority impose minor penalty or it will have to direct the lower disciplinary authority to impose minor penalty.
MHA OM No. 6/26/60-Ests.(A) dated 18 June 1962 provides that where a disciplinary proceedings for imposition of major penalty has been initiated by a higher disciplinary authority, final orders should also be passed by such authority only and the case should not be remitted to the lower disciplinary authority. As a natural corollary, appeal should be dealt with by the next higher authority
Post a Comment