Minor charge sheet under rule 16 pending on retirment day
Devulapalli Subbarao
(Querist) 22 June 2014
This query is : Resolved
Dear Sir One Assistant Postmaster In Kurnool HPO was issued with a charge sheet under Rule 16(1)(B) of CCS(CCA)Rules 1965 just before her retirement say 7 days. As there is no provision for awarding punishment of minor penalties under Rule 11(3) in pension rules can the rule 16 (1)(B) inquiry be continued after retirement. as AGS I raised the objection on the plea that the charged official was not charge nsheeted on grave misconduct or grave misbehaviour. If the Inquiry officer will not accept our objection go head what we can do.Pl adivse me.
=D.Subbarao Retiredm Postmaster (HSG1) Kallur Kurnool518003
Raj Kumar Makkad
(Expert) 22 June 2014
Enquiry can definitely go even after retirement. You are required to defend your case by way of all documents/evidence and rebuttal to the evidence to be lead by department against you and then you shall have to wait for the outcome. Your next action depends upon the enquiry report and the action of the management thereto.
Devulapalli Subbarao
(Querist) 22 June 2014
Sir,
thanking u for giving me a reply. By giving a charge sheet for minor punishment, the Disc.authority intention was that the charged official did some minor irregularities which can not be penalized by any punishment under Rule 11(3)of CCS(CCA) rules 1965. The purpose of the charge sheet under rule 16/rule 16(1)(B) will become otiose. In these circumstances how can the inquiry be continued after retirement. This is the doubt I am having .I am dealing as defense councel since 1971.
-D.Subbarao
Devulapalli Subbarao
(Querist) 22 June 2014
Sir
incontinuation of my previous querry I am to submit that in the CAT case in between Dr Suresh C.Singhal versus Union of *Inda and othersreported in 1992(1)ATJ445 the CAT held that minor proceedings if not completed before the date of retirement of the charged official it would be automatically come to an end. Pl tell me whether there is any full bench or other highere courts judgements overruling this. pl enlighten me.
=D.Subbarao
Rajendra K Goyal
(Expert) 22 June 2014
Citation is not provided in this section.
