Departmental proceedings
S.B.adil rahman
(Querist) 03 February 2012
This query is : Resolved
An employee of West Bengal Government upon whom W.B Services(CCA)Rules 1971 was not applicable was charge sheeted for misconduct on 2 counts. The employee brought this anamoly within the notice of his Disciplinary Authority and wanted to be tried under the Regulations of his department. But none heard him. He was held guilty on only one charge and was recommended a minor punishment. Kindly inform me the legality of such punishment under a law which was not applicable upon him.What remedies are available for him? In Rajeshwar Singh Vs Union of India such proceeding was held ab-initio void by Delhi High Court. Would any of the experts kindly take the pain of informing me about the other similar case laws of the SC/High Courts? Be it mentioned that both the rules i.e CCA and Police Regulations Bengalare quite different and have a number of dissimilarities. CCA rules has seriously prejudiced the employee because the minor punishment inflicted upon him under CCA Rules is a major one under Police Regulations Bengal. If it is allowed to continue then the employee would become unfit for promotion at least for 2 years.Kindly opine.
Raj Kumar Makkad
(Expert) 03 February 2012
What is your relation with that employee? Should such employee not seek help of others rather through you?
Sudhir Kumar, Advocate
(Expert) 04 February 2012
Let the concerend person ask the question adn also intimated wheile be is WB state employee why WBS(CCA) Rules did not apply to him.
prabhakar singh
(Expert) 04 February 2012
How are you concerned with and why??????????
If you are interested in doing charity to that employee you may pay some one fees to have opinion and then can convey the same to that employee.That will be true benevolence.
S.B.adil rahman
(Querist) 05 February 2012
The first thing is that the employee is a relative of my cient. The second thing is that he has been extorted by his lawyers and has filed a complaint before the Bar Council against his advocates. The third thing is that it is immaterial for the experts to seek explanation from me as to how I was related with the aggrieved person.The fourth thing is that the WB(CCA) rules says that rules shall not be applicable on the persons of WB Judicial Service, West Bengal Police personnel and all the other employees those who are governed by their own rule book like Police Regulations,WB State Electricity Board etc. More over, this platform is not for providing clients to the experts, which I believe most of the members of this site are doing. This web site is for exchange of knowledge and not for criticising the persons who seek opinions.The relevant question in this regard is only from Shri Sudhir Kumar and others replies are sarcastic in nature.For example Shri Makkad wants to know as to why this question has been asked to me and not to the others. Yes Mr.Makkad, he had asked and was extorted Rs.3100/- for consultation by a cheat advocate who asked to file a case against the Disciplinary Authority in SAT. And Shri Singh as regard your charitable remarks it is uncalled for at this forum. If you do not know the law please do not come on this forum. Infact seniles are also not required here because the system has made them peevish.Instead of answering they resort to"Ek sawal mai karoo,ek sawal tum karo/har sawal ka sawal hi jawab ho".Thanks to Shri Makkad and Shri Singh.Sirs, I am an optimist and bubbling with life,energy and enthusiasim. Do not discourage me by citing your failed experience or sermon.
Sudhir Kumar, Advocate
(Expert) 12 March 2012
I am thankful for the complement.
However, compliment to me an criticism of other experts is not making me so happy. Even I have many times criticised some of the queriest when it appeared that he has come to the forum to know how la w can be misapplied.
If you feel tha tthe employee has been punished under rules not applicable to him then you can challange the penalty in high court if there is no SAT.
Guest
(Expert) 12 March 2012
Dear Rahman,
Probably, your supplementary informtion may also not be able to attract the right solution to your referred the problem, as you have yet to mention to which service/ department actually the employee, being a WB Government employee, belonged to and what post/status he is holding in his department?
In fact, by making a mention about applicability of rules "on the persons of WB Judicial Service, West Bengal Police personnel," you probably has misinterpreted the rule seemingly by including all categories of employees right from lowest to the highest ranks in judicial & police services. Also, whether he is the regular employee of the said department or is on deputation to that department/service.
The fact is that the rules are not applicable on the following limited categories of employees of the services you referred:
1) Inspectors of Police and members of the Subordinate Police Force; and
2) members of the West Bengal HIGHER Judicial Service and the West Bengal CIVIL
SERVICE (Judicial).
So, please clarify on the aforesaid points before anyone is able to guide you appropriately.
S.B.adil rahman
(Querist) 12 March 2012
Thanks Sudhir saheb.I knew that SAT was the ultimate destination to challenge the miscarriage of justice and claim nullity of the proceeding. But I had wanted to know about any ruling of Apex Court over such issues.The proceeding in question has been declared to be in violation of the principles of natural justice and I have obtained a stay on the punishment till the disposal of the case citing the ruling of Delhi High Court. However, no such ruling has been intimated to me by the Learned friends of this site. Thanks for your comments.
S.B.adil rahman
(Querist) 12 March 2012
Dear Dhingra Saheb, thanks for your thoughtfulness in positive manner. The employee is an Inspector of West Bengal Police. His condition of services are guided by Police Regulations Bengal 1943. The police personnel above the ranks of Inspector but below the rank of IPS are governed by the WB CCA Rules 1971. The IPS officers are governed by the AIS Rules 1955 and those who are not IPS officers are dealt under the CCA Rules.From Constable to Inspector of Plice their own rule book i.e PRB applies. Here the D.A did not apply the Regulations of PRB 1943 and forcefully started the proceeding under CCA rules despite the protest letter of the employee.
Guest
(Expert) 13 March 2012
Dear Rahman,
A single point of the incompetence of the authority to initiate disciplinary case, appointing I.O. and issuing penalty order to the official of the rank of official, as Inspector of West Bengal Police, under the WB (CCA) Rules, would hold good to get the order treated as null & void.
