Punishment -disciplinary proceeding-right to reconsider .
Avishek
(Querist) 01 May 2018
This query is : Resolved
I am seeking advise of the Ld Expert about the law of land by way of Hon'ble Court ruling as well as in vogue statutory provisions pertaining to the right of an punished employee to ask for re-consideration of his imposed punishment like reduction of his stage in the prescribed pay scale on permanent basis affecting future service on the basis of his subsequent good conduct for long and that subsequent good conduct in the form of utmost diligence in discharging his duty , he has been rendering after the punishment imposed by the the Disciplinary authority of reducing stage in the prescribed scale of pay on permanent basis.
It is also to mention after getting punishment of reduction of stage in the scale of pay, the employee concern had preferred appeal before the appellate authority and the same was rejected affirming the order of punishment of the disciplinary authority. The employee concern was charged in the disciplinary proceeding with the allegation of taking bribe and dereliction in discharging duty.
I also seek the advise that reconsideration as of right can be pressed by the punished employee against the above stated background of getting punishment of reduction of his stage in the prescribed pay scale on permanent basis affecting future service when afterwards he is suffering from financial distress on the ground of such steep fall in his salary arising on and from imposed punishment of permanent reduction of his stage in the prescribed pay scale as well as long non --consideration for his promotional avenue after such imposed punishment.
Sudhir Kumar, Advocate
(Expert) 02 May 2018
nothing conveyed worth understanding in one reading.
forget about how he is doing after penalty (which most of the persons perform well).
please elaborate whether any appeal made on the penalty?
what were the allegations?
Avishek
(Querist) 02 May 2018
Sir, after getting punishment of reduction of stage in the prescribed scale of pay, the employee concern had preferred appeal before the appellate authority and the same was rejected affirming the order of punishment of the disciplinary authority of reduction of stage in the scale of pay. The employee concern was charged in the disciplinary proceeding with the allegation of taking bribe and dereliction in discharging duty.
Sudhir Kumar, Advocate
(Expert) 04 May 2018
The allegation proved was of bribery and the punishment is other than removal or dismissal.
lucky man.
Sudhir Kumar, Advocate
(Expert) 04 May 2018
If the appeal is dismissed then a revision petition can be filed or the punishment be challenged in court of law only if there is procedural flaw.
Guest
(Expert) 04 May 2018
In disciplinary process there is no provision for reconsideration of the case by the Disciplinary Authority or the Appellate Authority.
Even otherwise, yourself being an advocate, your description is quite unclear.and hazy to help anyone to arrive at some purposeful opinion. Dates of decision on penalty and appeal, along with the employer particulars, i.e., Centre, State, PSU or private organization, are quite essential for the purpose of appropriate guidance, whether the employee should go for review petition to the Reviewing Authority of the Department or should approach to the CAT/ SAT, Industrial Tribunal or the competent court ruling cannot apply universally in all or any of the case other than the individual concerned. Any concession by court in cases other than the judgment related employee depends upon characteristics, nature and similarity between cases.
Merits of the case are more helpful, rather than any case law.
