Disciplinary proceedings
Sahil
(Querist) 01 August 2017
This query is : Resolved
Please guide me about the remedy to be availed by me in the following case;
1. I was placed under suspension. According to the instructions of Government of Karnataka, an order of suspension will not come into effect unless the concerned official is relieved of his duty by the competent authority by making in-charge arrangements to the post held by him. However, the order of my suspension was never given effect to by the competent authority;
2. The suspension was revoked within a period of five days. I was continuing in service uninterruptedly for a period of six months from the date of suspension. Thereafter, I was forcibly prevented from attending my duties.
3. I was proceeded against on the charge of unauthorised absence. A retired officer was appointed as inquiry officer for holding inquiry against me. But, no provisions exists in Karnataka for appointing a retired officer as inquiry officer, except the retired District Judges..
4. False witnesses were produced to depose statements against me and I have obtained the proofs thereof under RTI Act.
5. Attendance Register was not adduced as documentary evidence to corroborate the oral statements of Prosecution Witnesses.
6. Upon culmination of such an illegal inquiry I am inflicted with the punishment of compulsory retirement. Thereby, I was asked to submit the pension papers, which I had readily complied with. Pensionary benefits are already released to me.
7. After submitting the pension papers, I have preferred the appeal also against the punishment order. However, though a period of two years, from the date of my appeal, is going to expire the same is yet to be disposed of.
8. Now, I am informed orally that since I had submitted the pension papers and receiving the pension the appeal does not survive for consideration, since my action of receiving Pensionary benefits is tantamount to accepting the punishment and forfeiting the right to appeal.
Hence, the Hon'ble experts may be pleased to render me help in the matter.
P. Venu
(Expert) 02 August 2017
Why don't you post the simple facts devoid of adjectives and personal opinions? Also, please inform the law/rule under which governs the disciplinary proceedings.
Rajendra K Goyal
(Expert) 02 August 2017
It seems the department would not provide any relief.
Full case file need to be referred, discuss with some expert senior lawyer and approach law / court.
Sahil
(Querist) 03 August 2017
Respected Expert (P. Venu sir)
My service conditions are governed by Karnataka Civil Services Rules,
The summary of my case is that I have been retired from service as a measure of penalty on the charge of remaining absent from duty. The appeal preferred by me is pending for the past two years. Now, the Appellate Authority is stated to be considering for rejecting the same on the ground of having sanctioned Pensionary benefits to me, rather than on merits.
Hence, I have explained the merits of my case, since the DoPT has already rendered its opinion in my favour.
Dr J C Vashista
(Expert) 04 August 2017
Consult a local lawyer practicing service matters for better appreciation of facts of the case, guidance and proceeding.
Sahil
(Querist) 04 August 2017
Dr. J.C. Vatsala sir,
My query is very simple, as to whether making request for granting Pensionary benefits (upon retirement as a measure of penalty) is tantamount to having forfeited my right to appeal under CCA Rules.
krishna mohan
(Expert) 04 August 2017
I think you have posted a similar query and was answered by the same experts. Any way, having accepted the pension, one set of argument could be you have accepted the compulsory retirement. Ideally you could have approached the Tribunal to get stay and continued in service pending disposal of case. But going by the fact, if matter is under appeal and decided in your favour, it depends on the remedy you sought in your appeal. Better consult a legal practitioner specialized in service matters in your area so that he can guide you correctly.
P. Venu
(Expert) 04 August 2017
Admittedly, your appeal has not been disposed of. Leaving aside hearsay or speculation, your only option is to approach the competent court of law.
Sahil
(Querist) 04 August 2017
Thanks to all experts
ramesh
(Expert) 05 August 2017
As per your statement if suspension was not given by a competent authority and not been served to you suspension order itself is illegal. Further suspension itself revoked in 15 days and you have attended office regularly you have every chance of getting relief from Tribunal.
