Chargesheet vide rule-14 of ccs(cca) 1965
Amaresh Patel
(Querist) 20 December 2013
This query is : Resolved
DEAR SIR
IT IS A PUBLIC OFFICE AND IN THE INTEREST OF PUBLIC DURING THE PEAK RUSH TIME OF THE MONTH ONE SUPERVISOR DID NOT RELIEVE HIS SUBORDINATE THOUGH THE SUBORDINATE HAD BEEN GRANTED EARNED LEAVE WITH OFFICE ARRANGEMENT. PRIOR TO GRANT OF THE LEAVE THE DISCIPLINARY AUTHORITY HAD BEEN REQUESTED TO DEPUTE ONE HAND ON DEPUTATION TOE MANAGE THE OFFICE WORK. DESPITE THAT THE DISCIPLINARY AUTHORITY GRANTED THE LEAVE ON OFFICE ARRANGEMENT AND WITHOUT CALLING FOR ANY EXPLANATION SUSPENDED THE SUPERVISOR VIDE RULE 10 OF CCS(CCA) RULES 1965.
IS IT LEGAL ?
2. DURING THE PERIOD OF SUSPENSION THE SAID SUPERVISOR WAS CALLED FOR AN EXPLANATION WHY DIDN'T HE RELIEVE THE SUBORDINATE OFFICIAL IN REPLY OF WHICH THE SUPERVISOR WROTE LIKE THIS "The official could not be relieved due to accute shortage of hand at the peak time of business of the month, though he had been granted 6 days EL for his brother’s marriage. " AFTER RECEIVING THE AFORESAID EXPLANATION HE WAS REVOKED vide clause(C) of sub-rule(5) of Rule 10 of CCS(CCA) Rules 1965" . BUT IN WHICH GROUND HE WAS REINSTATED WAS NOT MENTIONED IN THAT MEMO.
QUERY : IN WHICH CASES ONE IS REVOKED ?
3. AFTER 9 MONTHS OF ISSUING ORDER OF SUSPENSION THE SUPERVISOR WAS CHARGESHEETED IN RULE-14 VIDE MISCONDUCT OF NOT CARRYING OUT THE ORDER.
QUERY : AFTER THE REVOCATION IS IT REQUIRED TO BEGIN RULE-14 ENQUIRY ?
4. IN REPLY OF THE CHARGESHEET THE SUPERVISOR REQUESTED TO SUPPLY THE COPIES OF LIST OF DOCUMENTS AND STATEMENT OF WITNESSES TO SUBMIT HIS DEFENCE STATEMENT BUT THE DISC. AUTHORITY DENIED THE SAME AND WROTE THAT THE SAME WILL BE PROVIDED AT THE TIME OF ENQUIRY. AGAIN THE SUPERVISOR WROTE LIKE THIS : "WITHOUT GOING THROUGH THE LIST OF DOCUMENTS AND STATEMENT OF WITNESSES HE IS UNABLE WHETHER HE ADMITS OR DENIES THE CHARGES AND HE IS ENTITLED TO GET THE SAME AT THAT STAGE"
QUERY : IS HE ENTITLED ACTUALLY TO RECEIVE THE AFORESAID DOCUMENTS AT THIS STAGE ?
5. AFTER A MONTH PASSED THE DISC. AUTHORITY HAS NEITHER SUPPLIED THE DOCUMENTS NOR STARTED THE ENQUIRY ?
QUERY : IS THERE ANY TIME LIMIT TO START THE ENQUIRY ?
WHAT OTHER STEPS HAS THE SUPERVISOR TO TAKE FOR HIS WELFARE ?
Guest
(Expert) 20 December 2013
1) Suspension was quite legal on the ground of insubordination and disobedience of orders of the competent authority on the part of the supervisor. CCS (Conduct Rules), do not allow the supervisor to disobey the orders of the leave sanctioning/ controlling authority. He could have represented about shortage of staff for the purpose of making local arrangement before the due date of relief of the official. If the Disc. Authority ordered for local arrangement, being the Postmaster, it was for you to make appropriate adjustments in staffing arrangements by distributing the work of the official on leave between the other working officials.
2) Revocation of suspension or continuation up to 3 months is always at the discretion of the disciplinary authority, as he thinks fit after receipt of explanation/ representation of the official.
3) Issue of Charge Sheet depends upon completion of preliminary investigation. The same can be served, as soon as possible after the preliminary investigation of the case was over.
4) The charge sheeted official is entitled to receive the copies of the listed documents, but the stage of inspection of the listed documents and supply of copies comes when the preliminary hearing of the inquiry proceedings of the departmental inquiry is started by the Inquiry Officer or the Disciplinary Authority, if inquiry officer is not appointed. Before that documents are not normally supplied. So, be patient till you receive notice for the first/ preliminary hearing of the case.
5)Although there is no mandatory limit for start/completion of the inquiry, but as per the CVC guidelines, the inquiry should be ensured to be completed within 6 months after start.
The supervisor should submit his representation to the Disciplinary Authority with the request for early start of the inquiry proceedings/ oral hearings in the case. Rule 14 contains step by step procedure of inquiry. So, it will be better for the official to thoroughly go through Rule 14 of the CCS (CCA) Rules, 1965, before the inquiry actually starts, as any defence tried to be made on hit & trial basis can prove to be disadvantageous.
Rajendra K Goyal
(Expert) 20 December 2013
Well advised by the expert PS Dhingra, ji, agree to it.
Raj Kumar Makkad
(Expert) 20 December 2013
I also do endorse the advice of Ld. Dhingra sir.
Amaresh Patel
(Querist) 21 December 2013
Respected Sir,
The said supervisor is such a post that he is helpless to have any local arrangement by his own. And all arrangements are done through the disciplinary authority. And he had requested the disciplinary authority in writing as well as verbally before grant of the leave of the said official on office arrangement.
With regards
Amaresh
Guest
(Expert) 21 December 2013
How much staff the supervisor has got under him?
Amaresh Patel
(Querist) 26 December 2013
Actually strength of 3 assistants are there out of which 2 are engaged in 2 public counters and 1 other is engaged in other office work. And at the time of this situation 2 assistants only were there out of which he had to relieve one on office arrangement which could not be possible.
Guest
(Expert) 26 December 2013
Back office work could be postponed to handle the work at public counters. The supervisor could only request for the substitute against the absentee but had no authority to disobey the orders of the controlling officer.
Suppose if the supervisor had to go on leave for some most urgent work, would he have preferred to remain on duty in spite of sanction of leave to him?
No defence would be possible except to render unqualified apology for the offence with further assurance not to defy orders of the superiors in future.
