Rti act
sanjeev kumar
(Querist) 02 July 2013
This query is : Resolved
D/FELLOWS,
ONE OF MY FRIENDS HAS BEEN CHARGESHEETED 5 YRS BACK.AS PER CDA RULES IT MUST BE DECIDED WITHIN 6 MONTHS.BUT THE CASE IS STILL PENDING.HE MOVED AN RTI APPLICATION TO THE CONCERNED CPIO QUOTED AS,"AS PER CDA RULES,A FINAL DECISION OF THE CHARGE SHEET IS TO BE CONVEYED WITHIN A PERIOD OF SIX MONTHS.IS THE PENDENCY OF MY CHARGE SHEET A VIOLATION OF CDA RULES."
CPIO REPLY:-"NO SUCH INFORMATION IS AVAILABLE,PLEASE."
IS HIS REPLY JUSTIFIED,WHILE HE IS WELL-AWARE ABOUT THE DEPTT RULING.
WITH REGARDS
SANJEEV KR
Raj Kumar Makkad
(Expert) 02 July 2013
Conveying the charge-sheet and disposal of case are two separate and different issues. You have been conveyed with the charge-sheet within the stipulated time of 6 months of initiation of disciplinary action. No violation of rules seems in the given case.
Adv. Chandrasekhar
(Expert) 02 July 2013
Inordinate delay is caused. If the charges related to any criminal offence and pending in regular criminal court, then the department has got reasonable ground for delayed departmental enquiry. If that is not the case, then they have no legs to stand upon and if you knock the doors of court of law, you will get relief.
R.K Nanda
(Expert) 02 July 2013
nothing to add.
Rajendra K Goyal
(Expert) 02 July 2013
Agree with the experts, nothing more to add.
Guest
(Expert) 02 July 2013
A CPIO is concerned with the supply of the only information, which is available in the CDA Rules. CDA rules of any organisation does not contain such a provision of communication of decision of a disciplinary authority within a period of 6 months.
About disciplinary case, it is not mandatory for the disciplinary authority to communicate the decision on the charge sheet within 6 months. However, a general guideline with a time shedule of 6 months has been prescribed by the CVC to be adhered, as far as possible, for completion of the inquiry by an inquiring authority in a major penalty case.
Five years of delay, however, is alarming. You can request the disciplinary authority to expedite completion of inquiry or conveyance of his decision, as the case may be.
Guest
(Expert) 02 July 2013
A CPIO is concerned with the supply of the only information, which is available in the CDA Rules. CDA rules of any organisation does not contain such a provision of communication of decision of a disciplinary authority within a period of 6 months.
About disciplinary case, it is not mandatory for the disciplinary authority to communicate the decision on the charge sheet within 6 months. However, a general guideline with a time shedule of 6 months has been prescribed by the CVC to be adhered, as far as possible, for completion of the inquiry by an inquiring authority in a major penalty case.
Five years of delay, however, is alarming. You can request the disciplinary authority to expedite completion of inquiry or conveyance of his decision, as the case may be.
Raj Kumar Makkad
(Expert) 03 July 2013
A delinquent employee has every right to get the finalization of his disciplinary enquiry at the earliest but there is no term to get it compeleted within the period of 6 months. Send reminder to DA.
