Heavy penalty
Guest
(Querist) 10 December 2014
This query is : Resolved
In an enquiry for major penalty under rule 14 of ccs(cca) rules, the Government servant neither could produce defence assistant nor could cross examine witnesses as they were his bosses and were having sweet talks in the enquiry. He has been terminated. The charges were reaching late in the office. The penalty is much more heavy.
what should he do?
ROHIT SHARMA
(Expert) 10 December 2014
1. You can file a writ petition in the H.C. seeking quashing of the inquiry that was done without the application of principles of natural justice since you were strategically devoid of an opportunity to cross examine the management witnesses who were your bosses.
Rajendra K Goyal
(Expert) 10 December 2014
File appeal with the appellate authority as per service rules.
Guest
(Querist) 10 December 2014
Kindly advise whether appeal in such a case will be helpful
ajay sethi
(Expert) 11 December 2014
you had option to cross examine witnesses . you should shave exercised that right during enquiry . it is necessary to go through order passed to advice
Guest
(Expert) 11 December 2014
Well advised by Expert Mr.Rohit Sharma.
Guest
(Expert) 11 December 2014
Dear Sandeep Kumar,
Ref. your query,whether appeal in such a case will be helpful," irrespective of whether appeal proves to be helpful or not that is a must before approaching CAT (Court), otherwise the case gets dismissed for not exhausting the prescribed departmental channels.
But, you have not mentioned when the penalty order was recived, as under the provisions of the CCS (CCA) Rules, appeal to the competent appellate authority lies only within 45 days of the date of receipt of penalty order. After that date the appeal is liable to be summarily rejected having not been made within the specified period.
Guest
(Expert) 11 December 2014
Any effort to file a writ in the HC will be quite premature action and may tend to waste of money and time. In the case of a Central Government employee, HC may not directly entertain the case even for quash of the inquiry proceedings unless the Central Administrative Tribunal (CAT) is approached for remedy.
Further, as already mentioned, the right cource of approach to CAT is first exhaust the prescribed departmental channels.
Guest
(Querist) 11 December 2014
Thanks very much Respected experts. Dhingra Ji, I am grateful for advice. Kindly opine whether charge of only 2 months late coming resulting in finishing of the employment is not too heavy?
Guest
(Expert) 11 December 2014
Of course penalty of termination on account of late coming to office is too harsh and quite unjustified.
Guest
(Querist) 11 December 2014
Thanks a lot, Dhingra Sir.
Guest
(Querist) 12 December 2014
1.Sir, is there any particular format for filing appeal under ccs ca rules?
2. Whether Appeal can be filed in the form of a letter addressed to the Appellate Authority enclosing therewith Appeal containing the following:
a) the Preliminary Objections.
b) Parawise Submissions to Order of the Displinary Authority (Juxtaposed)
c)Parawise Submissions to the Inquiry Report (Juxtaposed)
d) Prayer Clause
Guest
(Expert) 12 December 2014
No specific format of appeal to departmental authority is prescribed in CCS (CCA) Rules. In appeal to the departmental appellate authority, you need to simply point out in submissive way about the deficiencies and irregularities noticed during inquiry proceedings and falseness of the charge with evidence that remained unnoticed during the inquiry proceedings, etc. However, parawise submissions to the inquiry report should be preferred for proper references added with prayer clause at the end.
Guest
(Querist) 12 December 2014
Thanks for your greatness Dhingra Sir. This will really help.
Guest
(Expert) 12 December 2014
You are welcome.
Guest
(Querist) 13 December 2014
Respected experts,
Can disciplinary authority and appellate authority be the same person in the guise of two different designations like
(i) Director(HR) as Disciplinary Authority and (ii) Head of Human Resources Division, who in fact is also Director(HR), as Appellate Authority?
Guest
(Expert) 13 December 2014
Mr. Sandeep,
Have you posted a real problem or is trying just to make fun of the experts of this section?
Can you initmate in which rule or schedule of CCS (CCA) Rules, the mention of Director (HR) or Head of Human Resources Division has been made as the Disciplinary Authority or the Appellate Authority, if the charge sheet was really served and inquiry conducted under the CCS (CCA) Rules?
Unless you post the real problem and also intimate how you are related to the problem, any number of your academic queries may not fetch you any appropriate solution to the problem.
Contrary to the description of the problem, you do not seem to be the affected employee, as your profile states that you are a proprietor of some firm.
So, can you intimate, what is the reality and why this fake-like problem has been posted by you?
Guest
(Querist) 13 December 2014
Dhingra Sir,
You have been very kind in providing solutions to complicated problems. This is a real problem.
Guest
(Expert) 13 December 2014
Mr. Sandeep,
But you seem to be trying to take undue advantage of my kindness, if you really mean what you state, "you have been very kind in providing solutions to complicated problems," but avoid to reply on my observation, "contrary to the description of the problem, you do not seem to be the affected employee, as your profile states that you are a proprietor of some firm." Problem can't become real merely by your saying. That should look to me also.
If this is real problem, what is the hitch in giving proper detail of the problem and to tell how that is related to you, as a proprietor of a firm?
Your previous post vis-a-vis the initial post indicated clear contradiction in so far as both do not match each other with reference to the CCS (CCA) Rules.
So, either the case did not pertain to the CCS (CCA) Rules, as there is no designation of Director (HR) or the Head of Human Resources Division in any of the Central Government Offices to be known either as the Disciplinary Authority or an Appellate Authority; or you are not properly aware of the real problem, being a businessman and not related to the real problem; or you are intentionally hiding some real facts.
So, if you really want some proper solution, better state what is the real fact. Else, you are free to play with the career of the affected person on hit and trial methods, which you have tried to adopt.
Good luck!
Guest
(Querist) 13 December 2014
Respected Prabhakar Sir,
Thanks very much for opinion.
Respected Dhingra Sir,
The case does pertain to the CCS (CCA) Rules, which the statutory body has adopted.
(i) Director(HR) is the Disciplinary Authority and (ii) Head of Human Resources Division, who in fact is also Director(HR), is the Appellate Authority.
That is why the query.
Is'nt it a very interesting situation?
Guest
(Expert) 14 December 2014
May that hypothetical problem be interesting for unrelated people like you, but not for me, as I deal with real life situations and help people to sort out their problem.
Situation has become much more disinteresting due to your evasive replies. As a proprietor of a firm, you have nothing to do either with the CCS (CCA) Rules, or Disciplinary Authority or Appellate Authority of the Government employees.
You don't need any more advice on your fake story.
Guest
(Querist) 14 December 2014
THIS IS A REAL SITUATION. I do not know how to make you believe. HOW IS IT HYPOTHETICAL AS PER YOU?
The case pertains to a distressed person, who has been thrown out of service and cannot afford legal advice.
Any way, thanks very much.
Guest
(Expert) 14 December 2014
Let distressed person discuss his own problem without the help of mediators. If he is unable to come to this forum, ask him to contact some local expert in person.
