deffrerent penalty for same affence by deffrerent official
Guest
(Querist) 23 July 2016
This query is : Resolved
Sir I am working in central govt office as group c I want your suggestion regarding" as I have lost office safe key in absent mind as having family problems, I have rewarded 1 year increment held up and recovery of key repair charges after represantation to charge sheet but in the same case as another employee lost safe key before one year he awarded only 3 months increment held up and also he has not given safe repair amount". Both situations and circumstances are exactly same. please suggests me sir for further appeal. This is my humble request sir.
Sudhir Kumar, Advocate
(Expert) 23 July 2016
repeated
http://www.lawyersclubindia.com/experts/partiality-in-taking-action-608961.asp
Rajendra K Goyal
(Expert) 23 July 2016
You were lucky, department was lenient in awarding punishment.
Whether the punishment awarded to you is not in accordance to your service rules / conditions?
Whether disciplinary proceedings were conducted properly?
Have you appealed before the appellate authority within time quoting the fact of another referred case?
Better discuss with your defense representative / employees association office bearers, show them full case file.
R.K Nanda
(Expert) 23 July 2016
Repeated query.
Guest
(Querist) 23 July 2016
Sir is technical resignation is possible in this period if I selected for other department
NANDKUMAR B SAWANT
(Expert) 23 July 2016
Sir as you are central govt employee you may file appeal to central administrative tribunal mentioning facts of both cases.you will succeed
NANDKUMAR B SAWANT
(Expert) 23 July 2016
Sir as you are central govt employee you may file appeal to central administrative tribunal mentioning facts of both cases.you will succeed
Guest
(Expert) 23 July 2016
Polite and Humble Requests would fetch you better Results.
Guest
(Expert) 23 July 2016
Mr. Harish,
For you penalty on stoppage of one increment for one yoear, you may send appeal to the appellate authority.
So far as your question on technical resignation is concerned, that is quite premature or is merely an academic question. You may ask that question only when you get selcted in any other department.
Kumar Doab
(Expert) 23 July 2016
You may certainly consult with all files of both cases a seasoned counsel for service matters, your defense assistant, your employee's union office bearers, before you proceed on your own.
Sudhir Kumar, Advocate
(Expert) 23 July 2016
Mr NB Sawant advised
"Sir as you are central govt employee you may file appeal to central administrative tribunal mentioning facts of both cases.you will succeed"
Not at this stage.
before going to tribunal you need to file appeal under rule 27 without which tribunal cannot entertain your application.
The chances of success cannot be guaranteed. Penalty is prima-facie not so harsh.
I endorse views of Mr RK Goyal
"You were lucky, department was lenient in awarding punishment."
Sudhir Kumar, Advocate
(Expert) 23 July 2016
Agreeing with Mr Dhingra I would add that you cannot assume any higher post during penalty period so the question of technical resignation does not arise.
Sudhir Kumar, Advocate
(Expert) 23 July 2016
Mr Goyal asked as under
Whether the punishment awarded to you is not in accordance to your service rules / conditions?
Whether disciplinary proceedings were conducted properly?
Have you appealed before the appellate authority within time quoting the fact of another referred case?
I would add
(i) in which capacity the key was with you.
(ii) what happened to the payment and receipt til time key was prepared.
(iii) when you discovered loss of key.
(iv) what did you do then.
(v) what did you do to ward off misuse of the key during the period.
(vi) whether cash tallied with cashbook on opening of chest.
P. Venu 
(Expert) 24 July 2016
Yes, you can file Appeal Under Rule 23 of CCS(CCA) Rules on the ground of punishment being discriminatory. The issue is not worth pursuing in the CAT.
Kumar Doab
(Expert) 24 July 2016
Member has deleted the account.
Hence NO reply.
