One Day, One Minute, One Rule – 400 What instructions were issued by the Directorate regarding promotions to the Higher Selection Grade-I (Non-Functional Grade) [HSG-I (NFG)] in light of the proposed merger of the Postmaster cadre with the general line?

 TIT BITS ON DISCIPLINE -276
Final decision by the Disciplinary authority

1075. The disciplinary authority shall decide whether the charge is proved, and if so, what punishment should be imposed on the charged officer. It is the decision of the disciplinary authority which is binding and conclusive in the case [High Commissioner v. I.M. Lall , AIR 1948 PC 121]. The power of the disciplinary authority in this regard are subject to three restrictions, namely,
(1) Certain lapses, even if proved, shall not amount to a ‘misconduct for the purposes of disciplinary action;
(ii) Only those penalties which are provided for in the relevant disciplinary rules can be imposed. Though the disciplinary authority is free to choose any penalty out of them it cannot travel outside the rules; and
(iii) Dictates of natural justice, fairness and the rule of law.

1076. As regards (i) above, the Supreme Court has held that contravention of a provision for which the penalty is inbuilt in the rules itself, e.g., House Building Advances, and which have not been specifically notified as misconduct, cannot be treated as ‘misconduct for purpose of disciplinary rules [A.L. Kalra v. P&E Corpn. Ltd., AIR 1984 SC 1361]. Secondly, allegations like showing lack of leadership qualities, ineptitude, lack of foresight, lack of firmness and capacity to take firm action are personal qualities which may be relevant considerations on the question of retaining a public servant in his post or for promotion, but such lack of personal qualities cannot constitute ‘misconduct' for the purpose of disciplinary proceedings. “If it were so, every officer rated below average would be guilty of misconduct" - the Court observed [Union of India v. J. Ahmed, AIR 1979 SC 1022].