Disciplinary enquiry
Tashi Norbu Basi
(Querist) 03 January 2014
This query is : Resolved
Dear Experts,
Happy New Year to you all.
My query concerns disciplinary enquiry.
"What happens when a disciplinary enquiry is initiated and penalty imposed by an officer who is not a disciplinary authority"? The state discipline and appeals rule specifically states who is the disciplinary authority, whereas the concerned officer is below the specified rank.
Any rulings of the Hon'ble Supreme Court would be very much appreciated.
Thank you.
Devajyoti Barman
(Expert) 03 January 2014
Sorry, citations are nor provided here.
For other help you revert us.
Nadeem Qureshi
(Expert) 03 January 2014
agree with expert. it will be better to contact a lawyer personally.
T. Kalaiselvan, Advocate
(Expert) 15 January 2014
If the concerned officer had been delegated with the powers to conduct inquiry and dispose the case within the powers specified, his action may be considered legal, please see if this was done, i.e., whether the officer was delegated with the powers to act accordingly.
Guest
(Expert) 15 January 2014
Your query is of academic nature, where you have not stated the real problem. Disciplinary authority for major and minor penalties is always different. You have not mentioned after inquiry proceedings, whether you have been imposed with a major penalty or minor penalty and whether the penalty has been imposed by the authority lower in rank than the authority, who issued charge sheet to you.
