PA Exam Materials - Examination point of view - 15

 181. Knowledge Spectrum – Discipline – COMMON PROCEEDINGS 98

304. What is the procedure for conducting common proceedings? 

First step in the conduct of common proceedings is identification of the disciplinary authority for the purpose. 
Second step is obtaining consent of other authorities who can impose the penalty of dismissal on other employees. 
Thereafter, orders are to be issued nominating the identified disciplinary authority. Subject to the provisions of sub-rule (4) of Rule 12, the above order should also provide for the following: 
(a) the penalties specified in Rule 11 which such disciplinary authority shall be competent to impose; 
(b) whether the procedure laid down in Rule 14 and 15 or Rule 16 shall be followed in the proceeding. 
Once the disciplinary authority is nominated, the procedure is the same as in any other case of disciplinary proceedings. 

305. What are advantages of conducting Common Proceedings? 
Following are some of the advantages of common proceedings: 
(a) Common proceedings facilitate speedy inquiry. For example, witness is to depose only once. (Although cross examination may be done as many times as there are delinquents, total time consumed in cross examination will also be less than the sum total of all the cross examination if they were to be done independently) 
(b) Common Proceedings help to avoid contradictory findings by different Inquiring Authorities 
(c) Further, it enables the disciplinary authority and Inquiring Authority to have an overview of the entire transaction and correct perspective of the case 
(d) Most importantly, penalties can be imposed equitably. 

306. What are the precautions to be observed while resorting to Common Proceedings? 
As the number of delinquent employees is large, there is a possibility of one or the other seeking adjournment or absenting. Naturally the Inquiring Authority shall not resort to ex-parte inquiry immediately when a delinquent is absent. Thus the scope for delay is inbuilt in common proceedings. 

307. What is the limitation of common proceedings i.e. when it should not be resorted to? 
Based on the procedure adopted in criminal cases, MHA has directed vide its letter No. 6/98/63-AVD dated 13th June 1963, when two employees complain against each other, common proceedings should be avoided. 
It is however desirable that both the inquiries should proceed almost simultaneously to avoid dissimilar appreciation of same evidence and conflicting findings.