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Jurisdiction of disciplinary authority

(Querist) 30 May 2015 This query is : Resolved 
I am working in Steel Authority of India(SAIL).In the year 2007 I was posted in Bokaro Steel Plant which is a units of SAIL.In 2013 I was transferred to Durgapur Steel Plant which is another unit of SAIL.Subsequently,in 2015,I was issued a Chargesheet by the CEO of Durgapur Steel Plant for alleged misconduct committed in the year 2007 in one matter.
Query:In the year 2007, I was working in Bokaro Steel Plant and its CEO was my Disciplinary Authority.Now,is the CEO of Durgapur Steel Plant competent to issue a chargesheet to me,whereas the alleged misconduct pertains to period while I was working in Bokaro Steel Plant.
Guest (Expert) 30 May 2015
Rules are very clear, the Govt./ PSU employee can be charge sheeted for his past misconduct committed even in another Govt./ PSU organisation.

So, the present disciplinry authority must have issued you charge sheet on reporting the nature of misconduct by the previous disciplinary authority. Past disciplinary authority cannot directly interfere in the disciplinary heirarchy/ authority of the present disciplinary authority.

BUT, I WONDER, IN WHAT WAY YOU ARE TREATING THE ISSUE AS A MATTER OF CORPORATE LAW?
kavksatyanarayana (Expert) 30 May 2015
I agree with the expert Mr.PS Dhingra sir.
Sudhir Kumar, Advocate Online (Expert) 31 May 2015
even if one goes from one Govt deptt to another. A chargesheet can be issued by new deltt on old misconduct.

You are within the same employer.
Kumar Doab (Expert) 31 May 2015
Consult an able counsel well versed with such matters with copies of all documents on record and prepare to defend yourself.
ashemrom (Querist) 31 May 2015
Dhingra Sir,I do agree with you that PSU employees can be chargesheeted by the present DA even though the misconduct pertains to another Unit of the PSU but it should be so stated in the Conduct & Discipline Rule of the said Company.As per SAIL,CDA Rule 1977 it is stated that the respective CEO of the Units having overall charge where the employee is working will be the Disciplinary Authority.In other words it means that the same CEO will not be DA for the misconduct committed by the employee elsewhere, where the CEO was not having overall charge.
In Coal India,another PSU,its CDA Rules is clear on this aspect.It states that even if the employee is transferred from one Unit to another,he can be chargesheeted by the previous DA for misconduct committed in the erstwhile organisation.
This issues was heard in the Hon'ble Jharkhand High Court in the case Shankar Pd Niyogi vs B.C.C.L And Anr on 13 Dec,2002.The Court upheld the decision of CMD,BCCL in relation to misconduct committed by the executive while he was posted in BCCL even though presently he was working in CCL,another subsidiary of Coal India.
Since the SAIL CDA Rule does not explicitly state that the present employer,i.e, CEO,Durgapur can issue chargesheed for misconduct committed in Bokaro Steeel Plant,another subsidiary of SAIL,I think I can contest the issue in the Court of Law.

Guest (Expert) 31 May 2015
I don't want to raise any controversy on your description of a few new, but unverified facts, which were missing earlier in your original post. Your general query was replied as per the prevalent rules/ Govt. of India's instructions duly channelised through BPE/ MCA.

However, in order to avoid any misinterpretation of the rules/ instructions and also not lose any money and time due to such misinterpretations, you may better consult some expert personally by showing the charge sheet, CDA Rules of SAIL,Delegated powers of the CEO as DA, and the background of the case. Peacemeal facts, if any, stated further by you on questioning about the facts may not help you get purposeful advice. There are several factors that are required to be taken in to account for arriving at appropriate opinion in your specific case. Casual queries with part facts cannot prove helpful to you in fetching appropriate advice.

If willing to have any further advice from me, you may send all these documents to me through email at: dcgroup1962@gmail.com

P. Venu (Expert) 31 May 2015
The position of different units of SAIL, prima facie, appears to be different from the subsidiaries of Coal India. The officers of SAIL appears to constitute a common cadre and the different units do not have the status of subsidiaries.

Any how, you may contest the issue.
Kumar Doab (Expert) 31 May 2015
It is reiterated that before you decide to contest any issue you may spend quality time with your counsel and get all documents examined on record and prepare well for the matter so that there is no adverse effect in future too.

Once you have understood the remedies and merits you may proceed to contest including this issue too.

Dr J C Vashista (Expert) 01 June 2015
I agree with the experts advise.
However, how does the case of 2007 cropped up at Bokaro Steel Plant of SAIL has been taken up in the year 2015?
Despite the fact that SAIL is a PSU having multi-location/plants, please find out whether the CEO Bokaro Steel Plant was your disciplinary/appointing authority or present CEO Durgapur Steel Plant? Whether any DE was conducted against you, were you given an opportunity to be heard/ represented in the inquiry, if conducted?
What are the articles of charge against you, pertaining to which plant?
Consult a local lawyer practicing in service law.
Rajendra K Goyal (Expert) 02 June 2015
Consult local lawyer and show him all the documents and discuss in detail.
Sudhir Kumar, Advocate Online (Expert) 03 June 2015
I hope CDA rules of SAIL do not forbid the present disciplinary authority from taking cognizance of misconduct committed in past unit.

when he is given the authority as DA so it cannot be partial authority.

where rules are silent govt instructions prevail which have already been indicated by Mr DHingra.

ANYWAY IT IS YOUR CASE AND YOU HAVE RIGHT TO COMPLICATE OR SPOIL IT.

IT IS YOUR MONEY YOU HAVE RIGHT TO WASTE IT.
T. Kalaiselvan, Advocate (Expert) 09 June 2015
As observed by experts above, since the matter is really unclear and ambiguous, better to consult an expert lawyer in the local or an expert consultant along with al relevant papers and get a personalized advise to proceed on this mater instead of taking wrong decisions and get the issue more complicated.


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