208. Knowledge Spectrum – Discipline – APPEAL, REVISION AND REVIEW
375. Is it necessary to provide personal hearing while dealing with appeal?
As such CCA Rules do not provide for a personal hearing at the appeal stage. However, the issue was considered by the Government in the light of the recommendations of the Committee of the National Council (JCM) set up to review the CCS (CCA) Rules, 1965.
Accordingly, the Government has vide its [G.I, Deptt. of Personnel & Trg. OM No. 11012/20/85-Estt.(A) dated 28th October, 1985).has decided as under:
As Rule 27 of the CCA Rules does not preclude the grant of personal hearing in suitable cases, it has been decided that where the appeal is against an order imposing a major penalty and the appellant makes a specific request for a personal hearing the appellate authority may, after considering all relevant circumstances of the case, allow the appellant, at its discretion, the personal hearing.
Subsequently, it has been decided vide [G.I.Deptt. of Personnel & Trg. OM No. 11012/2/91-Estt.(A) dated 23.04.91] to allow the appellant to take the assistance of a defence assistant, if a request is made to that effect.
The proposal was discussed in the meeting of the National Council (JCM) on 31.01.1991 and it has been decided that in all those cases where a personal hearing is allowed by the appellate authority in terms of OM dated 28.10.85, referred to above, the Government servant may be allowed to take the assistance of a defence assistant also, if a request is made to that effect.
376. What is the manner of disposal of appeals in the cases wherein inquiry was dispensed with under Rule 19 (ii) of the CCA Rules?
As held by the Hon'ble Supreme Court in Tulsi Ram Patel case (AIR1985SC1416, (1985) 3 SCC398, [1985] Supp 2 SCR131, 1985 (2) SLJ145(SC)]
139. A government servant who has been dismissed, removed or reduced in rank, by applying to his case Clause (b) or an analogous provisions of a service rule is not wholly without a remedy. As pointed out earlier while dealing with the various service rules, he can claim in a departmental appeal or revision that an inquiry be held with respect to the charges on which the penalty of dismissal, removal or reduction in rank has been imposed upon him unless the same or a similar situation prevails at the time of hearing of the appeal or revision application. If the same situation is continuing or a similar situation arises, it would not then be reasonably practicable to hold an inquiry at the time of the hearing of the appeal or revision. Though in such a case as the government servant if dismissed or removed from service, is not continuing in service and if reduced in rank, is continuing in service with such reduced rank, no prejudice could be caused to the Government or the Department if the hearing of an appeal or revision application, as the case may be, is postponed for a reasonable time.
Based on the above, the appellate authorities will have to hold an inquiry in such cases, if need be, by waiting for the situation to improve wherein the conduct of inquiry will be practicable.
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