Ccs (cca) rules and principles of natural justice

Dr Sangh Mittra (Querist) 03 October 2012 This query is : Resolved
I was suspended and charge sheeted in 2003 under the CCS (CCA) RULES 1965.Before the Inquiry was to commence I approached the High Court. The Court asked why rule nisi be not issued and stayed the Inquiry.

I was Director before my suspension. One of the Deputy Directors who had not made to the post to which I had been selected in 1998, and he also having been a Departmental candidate was the direct beneficiary of my suspension and charge sheeting. He was given the additional charge of the post of Secretary a post step above that of Director which the Director as per regulations was the ex officio Secretary. He was also a listed witness in the charge sheet issued to me and which was quashed by Court on grounds of mala fides .

In 2007 the High Court quashed my charge sheet and order of suspension for reasons of mala fides and gave liberty to the Governing Body of the organisation headed by the new Chairman of my organisation to objectively examine and issue fresh charge sheet if so advised.

Since the above said Deputy Director was still holding the additional charge of the post of Secretary on the day of the quashing of suspension and charge sheet he issued Order stating it was with approval of the Chairman that I would mark daily attendance with the PS to the Chairman, report to him and route all correspondence through him.

He , I repeat , issued letters to me to comment upon the allegations of 1997-2003 and only he proposed to hold an Inquiry against me under Rule 14 of the CCS CCA Rules 1965 albeit "with the approval of the competent authority". "With the approval of the competent authority the undersigned proposes to hold an Inquiry under Rule 14 of the CCS CCA Rules 1965 against ..." as stated by him especially after there were orders from the Govt to replace him from holding the additional charge and the additional charge was directed to be given to the senior most- which I happened to be. But the second in array after the quashing of charge sheet chairman who was colluding with him wrote the charge sheet was contemplated against me

The said Deputy Director had contested by filing signed Affidavits against in my Petition from 2003- till my charge sheet had been quashed and who had been a witness in the quashed by Court charge sheet, now issued a charge sheet signed by him while holding on the additional charge of the office of Member Secretary, reproducing verbatin 10 out of the same fifteen charges stating five have been dropped on the recommendations of the Fact finding officer deputed by the Chairman.

A retired High Court Judge carried out the Inquiry- ex parte- on the day of my sickness for which there is records of the sanction of Leave. I had appeared only once and later due to the mail meant for me being controlled , reaching me late and I falling sick and determined not to go to the residence of the retired Judge who was paid about Five Lakhs. I was held guilty. Even the complainant who had alleged that I had demanded bribe was not examined by the I.O. In the final analysis I was Compulsorily retired. Since the Appellate Authority only had been ordered by the Court to objectively examine the allegations of misconduct of 1997-2003 which the Court itself had had found to be "retaliatory", "raked" up and "stale" and issued to me fresh charge sheet through its chairman if so advised and since the Order of Compulsory Authority stated that the Disciplinary and Appellate Authority had considered my representations through out in the process of Disciplinary proceedings I submitted the appeal half heatedly through ordinary post which was never acknowledged nor i followed it up realizing the situation .

I have been in the High Court ever since my Compulsory retirement in 2010 stating that the officer holding the current duties of a cannot exercise the statutory powers and as such the charge sheet issued to me was bad in Law. Further the Chairman (who had approved my compulsory retirement) had already finished his in rules provided Fixed Term of Five years in January 2010 had been asked by the Govt to to continue till the appointment of a regular incumbent. So he was also a stop gap chairman. After he had been used to do away with me the Govt appointed a new Chairman.

The pleadings are not becoming complete so far as some respondents first refused to accept court notice , when pointed by me to the Court the Advocate representing the Organisation accepted Notice on the behalf of some. Some Respondents have, probably, managed with the Court messenger and he wrote address incomplete where as it is fully complete. Court says issue fresh notice under complete address. I am becoming disheartened.

How long will it continue? Do I have a chance to redeem. I have been dis-honoured too much and now the honour or no honour does not matter to me . All I am concerned is the undeserved stigma which haunts me and comes in the way of my future employment despite my brilliant academic qualifications. Please advise if the said Deputy Director, who had himself been a witness in the quashed by Court charge sheet , and while holding additional charge competent to propose an Inquiry . Was it all Legal? Should I withdraw the Petition and see what happens again as the Advocates do not want the case to be over and three appear on each hearing getting Rs 21,000/ each

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Guest (Expert) 03 October 2012
Dear Dr. Sangh Mitra,

In the whole of the very long story, you have omitted several of the very vital information pieces to enable the experts to provide appropriate advice/guidance. I doubt if your court case has also not been prepared with several information gaps. If so, the same can prove to be fatal for your case.

About natural justice, the same can be expected only if the very vital informations and lacune of the case are appropriately highlighted to be gone through by judgment making authority.

If you don't mind, I would like to say, it seemed to me as if you had been the believer of beating the bush after passing of the snake. When you knew very well that a junior officer had been continuously conspiring and working gainst you from the very beginning, you were required to be cautious at every stage of the inquiry or the court case.

At first, there is no rule for the suspended officer to go to office just to mark attendance. Secondly, when you received orders from the said person with the direction "with the approval of the competent authority the undersigned proposes to hold an Inquiry under Rule 14 of the CCS CCA Rules 1965 against ..." you were not bound to adhere to such an order isued by any authority other than the Disciplinary Authority himself. You or your Defence Assistant could well have objected on both the aforeesaid issues.

Further, you have not made any mention anywhere about whether you engaged or not some other officer as your defence assistant in any of the two inquiry cases and what they had been contributing, particularly when the inquiry was held ex-parte during your being on leave? Even if you were on leave, the question arises, whether you tried to inform the Inquiring Authority in writing or not that you would not be able to attend the inquiry due to your being on leave?

You have also not made any mention what caution your present advocate could take to get the notices addressed correct;y and served to the defendants?

About your query, "Please advise if the said Deputy Director, who had himself been a witness in the quashed by Court charge sheet , and while holding additional charge competent to propose an Inquiry," there are plenty of informations about the said Dy, Director, which you have omitted to mention in connection with the case, e.g., (1) whether he was appointed to officiate on the posts on continuous basis, or was made just to look after the charge without any remuneration? (2) whether he was the signatory of the Charge Sheet, or just proposed issue of Charge Sheet on note sheet in compliance with the Court's order? (3) Who was the Disciplinary Authority in your case under the provisions of the CCS (CCA) Rules? (4) Who issued the orders of appointment of the I.O. and the P.O, wwhether your Disciplinary Authority or by the said officiating officer under his own signatures? (5) Who decided your disciplinary case with the award of penalty of compulsory retirement? and (6) who signed the orders of your compulsory retirement?

You would therefore need to consult some expert personally, along with your documents, for his advice, as several more questions would need to be replied by you before he can properly guide you.