Service matters
DEBABRATA MALLICK
(Querist) 19 September 2011
This query is : Resolved
Can the Disciplinary Authority act as the Appellate Authority ?
Guest
(Expert) 19 September 2011
not for the own cause. in some times both are joined together. But it is illegal one.
Devajyoti Barman
(Expert) 19 September 2011
No since the same would be a violation of the rule of natural justice.
'A person can not be judge of his own case.'
DEBABRATA MALLICK
(Querist) 19 September 2011
WB Govt. has amended its CCA Rules in february, 2008 which has removed 'Governor, persona designata' as the Appellate Authority in case of punishment imposed on a Group-A officer and replace it as only 'Governor'. Now, as it stands, punishment on a group-A officer is imposed 'by the order and in the name of the Governor' by the departmental head under rules of business. Here Governor is the Disciplinary Authority. Appellate Authority is again Governor,which can be exercised again by the departmental head..Hence Appeal practically does not lie against any punishment on a Group-A officer of WB. What can be the administrative remedy for Appeal and Review?
Raj Kumar Makkad
(Expert) 19 September 2011
Disciplinary authority cannot deprive the opportunity of the delinquent employee to make an appeal to some other authority so both cannot be one person.
DEBABRATA MALLICK
(Querist) 19 September 2011
@ Sh. R.K.Makkad and all well wishers; Sir, can I have some references of Supreme Court Judgments to quote in this regard..
Guest
(Expert) 19 September 2011
Dear Debabrata,
You are probably in some misunderstading that the Head of the Department acts both the Disciplinary Authority as well as the Appellate Authority in the name of the Governor. Where Governor is the Disciplinary Authority or the Appellate Authority, only concened Minister imposes any penalty on behalf of the Governor, not the Head of the Department. He just conveys the decision of the Government. Similarly, as Appellate Authority also, the Head of the Department has nothing to do. The case goes to the Minister concerned only. Where he is not competent, Governor takes descision on the recommendation of the Minister concerned.
If that happens like you say, just quote example, but only after seeing the noting by different authorities on the relevant case file please.
Advocate. Arunagiri
(Expert) 20 September 2011
Disciplinary authority can not as an appellate authority. Because the employee aggrieved upon the decision of the disciplinary authority, is preferring appeal.
If they are one and the same, the basic right of appeal will be effectively implemented.
The appellate authority should appraise the act of the disciplinary authority. If he is also the appellate authority, he has to appraise his own act. This is voilating the principles of natural justice.
DEBABRATA MALLICK
(Querist) 20 September 2011
I agree Mr. Dhingra; but the Minister's role is not mentioned anywhere in the orders; The orders say; I, being the Disciplinary Authority... impose this punishment.. by the order and in the name of Governor; signed by the HOD. When Appealed against; I am informed officially that since the punishment order was imposed by the Governor, no Appeal shall lie against this order.. If I can get the e-mail IDs of experts, I can send them the papers for their kind perusal; For judicial recourse also Advocates are giving different opinions; some say the SAT cannot adjudicate on Governor's orders; others say they can.. I am really perplexed..
Guest
(Expert) 20 September 2011
Dear Mallick,
In the disciplinary cases of Class-I and above officers, where the Governor or the President of India is the disciplinary authority, under the Allocation of the Business Rules, even an officer of the rank of under secretary is delegated with the authority to sign such charge sheets or the penalty orders by clearly making a mention of "By the order and in the name of of the Governor?President of India", as the case may be. So, naturally, the signatory of the order (may be the Under Secretary, Deputy Secretary, Joint Secretary, Secretary/HOD) has got proper approval of the competent authority for communication of the orders, as you have clearly stated in your own post also. He does not communicate the order in the capacity of a Disciplinary Authority. As desired by you, if you like, you can send the relevant papers at [dcgroup1962@gmail.com] for further perusal.
