Querry on service matter
R K Jain
(Querist) 03 March 2015
This query is : Resolved
I am a class ' A' and before a deaprtmental case is instituted against me, a firststage advice from CVC is mandatory. In one of the matter depatment has not referred the matter to CVC for its advice. In other two matters department has referred the matter to CVC. In the matter not referred to CVC, department thought I am working in class 'B' by mistake.
what is the effect on proceedings, are they lawful or not? Any judgement in favor of me?
Guest
(Expert) 03 March 2015
Mr. Jain,
Defects in disciplinary proceedings, which can help you at the appropriate stage later should be pointed out only at the opportune time, i.e., at the time of appeal, not before or during the inquiry process.
Moreover, the CVC mostly play a role of catalyst, instead of an analyst, and not only put stamp on the recommendations of the disciplinary authority, rather try to play more rigid role each time the matter is referred to that.
So, do you want to point out the drawback now to enable the disciplinary authority to plug the loop hole, before that could work to your advantage?
P. Venu
(Expert) 04 March 2015
Advice from CVC is only a procedural requirement; it is required only in cases involving vigilance angle.
Rajendra K Goyal
(Expert) 04 March 2015
You should defend yourself in the disciplinary proceedings first. You may raise the point during appeal.
R.K Nanda
(Expert) 04 March 2015
agree with experts.
R K Jain
(Querist) 05 March 2015
Actually I am in appeal stage now and is pending for hearing before appellate authority. Shold I raise this point and stress that the proceedings are nullified mere on this count alone? Any judgement you ld peoples can advised?
P. Venu
(Expert) 05 March 2015
Please provide the complete information.
Guest
(Expert) 05 March 2015
Mr. Jain,
Normally, half baked information do not get right solutions. The stages of institution of departmental case and issue of penalty orders by the disciplinary authority and still appeal stage are entirely different situations.
Moreover, if the proceedings are nullified, insteady of getting any relief, inquiry can be ordred denovo due to incomplete process having been resorted to.
Better state, what is the actual position of your cases. Otherwise, there can be endless supplementary queries from you, the replies to which may only confuse you, rather than solve your purpose.
R K Jain
(Querist) 05 March 2015
The matter is pending with appellae authority. I have never said the proceedings are nullified. All I said should I plead before the appellate authority on the day of hearing that the proceedings are nullified on the ground matter was not referred to CVC for any advice ever since since disciplinary authority by mistake remained under impression that I am working as 'B' class officer.I had raised this ground in reply to show cause notice before disciplinary authority but DA did not consider it since no speaking order made by the DA while awarding punishment.
Guest
(Expert) 05 March 2015
If you have never said the proceedings are nullified, I have also not wrongly interpreted your statement, "should I raise this point and stress that the proceedings are nullified mere on this count alone. Do you think I was discussing something else other than the incident of not taking first stage advice from CVC, when your query was related to that point only?"
Very strange, if as a Group A Officer you are unable to understand the meaning of my simple statement, "if the proceedings are nullified (on that point), instead of getting any relief, inquiry can be ordred denovo due to incomplete process having been resorted to."
Anyway, the issue of having not been referred the case to the CVC for first stage advice has no force to justify nullify the proceedings. Rather can can prove to be more time taking proceedings, if the appropriate authority directs the authority to intiate the inquiry denovo after completing the process of CVC advice.
But, sorry, if you are unable to get hints appropriately. You may take whatever step you feel appropriate.
T. Kalaiselvan, Advocate 
(Expert) 07 March 2015
The experts have ad vised well, now it is you who have to decide about further course of action. Take the help of a local lawyer by furnishing him/her with full details of your case and proceed as per the further advise is you think it is worth of it.
R K Jain
(Querist) 08 March 2015
Thanks all
Guest
(Expert) 08 March 2015
You are welcome.
P. Venu
(Expert) 09 March 2015
From the facts disclosed, you are a Central Government Officer of Group 'A', for whom the Disciplinary Authority is the President of India. Hence, there is no scope for appeal. You are misleading us when you pose that you are a Group "A" Officer and, at the same time, inform that the matter is pending before the Appellate Authority.
Instead of going by assumptions and presumptions, you may post the real issues, if any, with the complete facts.
