1000 TIT BITS ON DISCIPLINE -250
986. “Disciplinary Authority must consider written statement of Defense before ordering enquiry”
[R. Chongtu IPS V UOI & ORS 1991 (1) SLJ (CAT) 405 (Guwahati) DOJ 31.10.1990]
987. “Failure to furnish copies of charge sheet and other documents relied on in delinquent’s vernacular vitiates inquiry”
[Teja Nonghan V UOI & ORS (1991) 17 ATC 113 (Ahmedabad) DOJ 18.04.1991]
988. “The inquiry should not be entrusted
(a) to an officer who held the preliminary enquiry and expressed a definite opinion on the allegations especially where such opinion is adverse to the accused; or
(b) to an officer directly subordinate to an officer who has already expressed an opinion on the allegations, especially where such opinion is adverse to the accused.
[Rule 5 (i) (a) & (b) of Postal Manual Volume III]
989. Time limit of conclusion of enquiry
“The inquiry Authority should conclude the inquiry and submit his report within 6 months from the date of receipt of order of his appointment”. “An additional time not exceeding 6 months for completing the inquiry can be allowed at a time on the basis of sufficient and good reasons to be recorded in writing by Disciplinary Authority”
[Sub Rule (24) of rule 14 of CCS [CCS] rules 1965]
[Notification No. GSR 548 (E) dtd 02.06.2017]
990. “Every order imposing the penalty of reduction to a lower stage should indicate –
i. The date from which it will take effect and the period (in terms of years and months) for which the penalty shall be operative.
ii. The stage in the time scale (in terms of rupees) to which government servant is reduced, and
iii. The extent (in terms of years and months if any to which the period referred to in item (1) above should operate to postpone future increments this has stipulated in OM dtd 17.08.1959 & subsequent orders) similarly the wordings to be contained operative portion of the punishment orders had been prescribed and circulated by the DG P&T Lt No.6/8/70 Disc 1 dtd 16.12.1970 but in many circles this has not been followed at present and the orders are being issued as per their own thoughts and words.
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