Disciplinary authority

1.disciplinary authority is the appointing authority.2 .power can be delegated by govt order temporarily.3.classification control and appeal rules4.initiationof proceedinds by a speaking order and charges of imputations 5-for the sake of natural justice time be allowed for written statement of defence 6- appointment of commission of enquiry 7- hearing witness documents in support of charges. 8-defence of delinquent 9/ arguments by charged employee if any and no lawyer is allowed to assist him during enquiry / 9/ order of enquiry officer with reasoning- charges proved / partly proved / not proved. 10. Submission of report to disciplinary authority. 11/ issue of notice to impose punishment 12/ appeal to appellate authority Next------ against punishment You can go to admn tribunal/ appellate authority---- scrutiny in high court and above/ civil court has also jurisdiction depending on subject matter so far jurisdiction is concerned.

Not able to agree or disagree. Please state facts of the case instead of setting question paper for promotion examination of a govt deptt.

The fact of the above case is - The officer who is disciplinary authority was retired and on the vacant post additional charge was given to an officer till regular incumbent of the post was appointed. The Incharge officer issued a chargesheet. Is the chargesheet lawful or non est in the eye of the law.

As per MHA OM No. 7/14/61-Ests. (A) dated 24th January, 1963 

Officers performing current duties of a post cannot exercise Statutory powers under the Rules :- 

An officer appointed to perform the current duties of an appointment can exercise administrative or financial power vested in the full-fledged incumbent of the post but he cannot exercise statutory powers, whether those powers are derived direct from an Act of Parliament (e.g. Income Tax Act) or Rules, Regulations and Bye-Laws made under various Articles of the Constitution (e.g., Fundamental Rules, Classification, Control and Appeal Rules, Civil Service Regulations, Delegation of Financial Powers Rules etc.)

If the person is full additional charge of the post, the he is entitled to issue chargesheet.  If he is holding the post to dischare current duties only, then he is not entitled.

Not able to agree or disagree. Please state facts of the case instead of setting question paper for promotion examination of a govt deptt.

The additional charge order says " he will hold the charge in addition to ... till the regular incumbent joins the post. What will be the case then

I agree to the views of Dr. Prof. S C Pratihar to some extent however, the rule is that the stuatory powers cannot be delegated to a person made incharge on adhoc basis for carrying out the routine adminstrative functions that are required to keep the offficial machinery in the continuous run.

The author has given the answer in his question itself which isreproduced below 

As per MHA OM No. 7/14/61-Ests. (A) dated 24th January, 1963 

Officers performing current duties of a post cannot exercise Statutory powers under the Rules :- 

An officer appointed to perform the current duties of an appointment can exercise administrative or financial power vested in the full-fledged incumbent of the post but he cannot exercise statutory powers, whether those powers are derived direct from an Act of Parliament (e.g. Income Tax Act) or Rules, Regulations and Bye-Laws made under various Articles of the Constitution (e.g., Fundamental Rules, Classification, Control and Appeal Rules, Civil Service Regulations, Delegation of Financial Powers Rules etc.)

This makes clear and resolves the query.

Not able to agree or disagree. Please state facts of the case instead of setting question paper for promotion examination of a govt deptt.