1000 TIT BITS ON DISCIPLINE -236
916. Non supply of copy of preliminary report immaterial when it is not relied on in departmental proceedings.
[Hari Sankar Archarya V UOI & Ors (1991) 17 ATC 15 (Cuttack) DOJ 20 02 1991]
917. Punishment is only by way of reduction and not fix the pay after restoration
Rule 14 only provides for punishment by way of reduction to a lower time scale of pay for a specified period but not to fix the pay on restoration at less than the pay which he would have got a restoration after expiry of the period.
[CAT Hyderabad Bench OA No. 1124 of 1992 G. Venugopal V Director of Administration ESIC New Delhi & ors DOJ 04-0501993].
918. Punishment of reduction to lower grade with condition that this will result in loss of seniority – invalid.
[CAT Ernakulam Bench OA No. 857 of 1991 K. Surendran V UOI &ors DOJ 08-12-1992]
919. Disciplinary Authority is bound to furnish copy of Report
Disciplinary Authority is bound to furnish copy of Report to delinquent, inform him about his tentative conclusions and afford opportunity of hearing before over turning the findings of the inquiry officer exonerating the delinquent
[CAT Ahmedabad Bench: OA No. 56 of 1989 Prakash Sanmukhlal V UOI & ORS DOJ 02 09 1992]
920. Inquiry is mandatory if charge is not accepted.
Inquiry is mandatory if charge is not accepted by the GS. Disciplinary proceedings initiated under Rule-14 cannot be closed by imposing one of the minor penalties after due consideration of the written statement of defence.
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