Under Rule 16 of CCS (CCA) rules, 1965, the office (a central govt statutory body) have issued memo to Mr X & Mr Y in Oct 2011 on ground of imputation of misconduct. A minor penalty had been declared for which explanation had been sought. The misconduct (favouring a firm in official work) had been indicated as committed in Jan 2006. In between this period, no charge sheet was ever given to Mr X. As many official were involved, an enquiry was presumably going on for Mr Z, who took final decision on the case. Mr X was never called as witness or otherwise or asked during inquiry process running for Mr Z. The recommendations or report of Inquiry are not known to Mr X. Now in above penalty order, Mr Z, who took final decision has been left with mere warning(after retirement) while Mr X & others are being panelized with Minor penalty.
Is this process correct and with in rules, when –
1. The charge sheet issued (presumably) was for Mr Z or not known against whom. Who was IO, PO or CO in above case was not known to Mr X or others
2. Mr X have never been issued any formal charge sheet, never called for enquiry running for Mr Z , transparency has not been adhered for Mr X or others (refer Principles of natural justice )
3. Decision to penalize was taken in March 2011 and being communicated in Oct 2011. Is it not time barred for communication as per CVC manual
4. why entire case can not be considered as time barred, as it is being communicated now after 5 years. Had it started in 2006, the case with penalty or not would had been over long time back, Starting now would effect future career prospects of Mr X or even retirement plans
Kindly comment/advise
Difference betweeen public servant & Government servant ?
Can we say that Public Prosecutor , Additional Public Prosecutor & Assisstant Public Prosecutor is a public servant or Government servant.
pls suppor the answer with the Supreme Court Judgment as it very much urgent in need.
Pls do help me out.
i have aso heard that SC has given the judgment that list the category who are called as public sevant & who are called as govermnet servant.
thanks to all.
Whether section 36 is discriminatory among woman having regard to the object to the act and is thereby violative of article 14 of the constitution of India?
Whether section 36 of Domestic violence act is against the objective of the said act and other sections of the said act, If so can it be held ultra vires of the constitution?
Whether section 36 of Domestic violence act is ultra vires to Article 15 (3) of the constitution of India.
I have clear proof that the judge violated basic rules of Court proceedings and his faulty Order is just a slap on the face of justice which harms various Govt. departments' revenue /Public interest also.
I can not file an appeal because I am not party in this case, so can I file a PIL in this case ?
Or some other alternative/writ etc. for me?
SOS..
I know that a PIL can be filed against State.I wanna file a PIL against judiciary.
Dear experts, Will the Supreme Court entertain Writ petition filled under article 226?
Thanks in advance
The Parliament is empowered to legislate for prescribing punishments for those acts which are offenses(not fundamental rights) under Part III of the Constitution. Because of Article 14, there is no exemption to the State from punishments for those acts which are offenses under Part III like laws against murder, torture, kidnapping, rape etc. Is this correct?
Change of name
Dear Experts,
Kindly advice me, my passport is not being delivered, henquired we are told that as per ssc and present documents my name and my father's name differ.
My name as per ssc is ghousia
My father's name as per ssc is syed hazrath.
Due to some rules in our religion , i have added my surname to my name which is syeda and my father added ali and now all his documents have syed hazrath ali as the name.
Kindly advice me what can be done to get my passport legally.
In anticipation,
Ghousia