Punishment without court of inquiry
Suraj Kumar
(Querist) 30 November 2024
This query is : Resolved
Respected Sir,
1) My friend is central governmennt employee. He went to avail lunch break in due time, but security staff resisted him since lunch memorandum was not given to security staff by head of department.
2) Upon verbal request my friend went out from office in schedule lunch time & come back in due time.
3) After some days security staff lodge a complaint that my friend had been avail lunch & went home forcefully & it is against security rule.
4) Department issued show cause letter to my friend & my friend has stated that since head of f
department forgotten to sent lunch memorandum in due time, hence my friend went to home in schedule lunch time upon verbal request to security staff.
5) Being dissatisfied of above reply, the department ask my friend for representation of fact.
6) In reply my friend stated the facts.
7)Thereafter without any Court of Inquiry, depatment proceed for punishment againt my friend under rule 16 of CCS Conduct Rule, the department also stated that (in weiting) since accused did not requested for Court of Inquiry (COI), hence COI is not necessary.
Can my frend approach CAT for wrongful proceeding against him?
Stop punishment.
T. Kalaiselvan, Advocate
(Expert) 01 December 2024
Your friend was wrong in leaving the office premises for lunch or anything without proper permission.
At least he should have returned to office if security didn't allow him and obtained the permission letter and then he should have left the office with proper permission
It can be viewed that he took law into his hands and violated the rules
Besides he has not even expressed apology when asked for explanation against the charges leveled hence it can be treated that he has done an act of misconduct which is against the service regulations.
Therefore he may not get any relief even if plans to approach CAT.
Sudhir Kumar, Advocate
(Expert) 01 December 2024
The things are not clear.
The terms and conditions you are narrating do no exists in case for Central Govt . The facts as narrated by you so far do not shown any violation of any conduct rules.
You query indicates that probably you have not able to narrate full full fActs.
It may be appreciated that no lawyer can given any fruitful advise without even knowing the facts
kavksatyanarayana
(Expert) 01 December 2024
Yes. Your query is not clear. Whether the department forgotten to send launch memorandum to security staff, it is not fault of the security staff and your friend shall not leave the office. From whom he obtained oral permission? Without inquiry, a major penalty cannot be imposed but for the normal irregularities, enquiry is not necessary and the disciplinary authority can issue minor punishments like warning, censure etc. So how can he approach court without punishing him?
Dr. J C Vashista
(Expert) 02 December 2024
Taking lunch during prescribed time is no offence for which an employee shall be punished u/r 16 CCS Rules, 1972 as stated. I have never experienced such a scenario through out long span 38 years of my service.
Either the facts are fabricated or manipulated but unbelievable.
Sudhir Kumar, Advocate
(Expert) 02 December 2024
You are not at all aware of the basic facts of the case. Any advise given without knowing relevant facts is liable to be wrong.
Prima facie :-
1. Govt servant is not a prisoner and cannot be forced to have lunch in office only.
2. Normally a govt servant is not required to seek anyone permission (that too under intimation to Security staff) if he want to go out for lunch.
3. You have written that “security staff lodge a complaint that my friend had been avail lunch & went home forcefully & it is against security rule.”
Not known which type of rules are thee. DOPT has made no such rules for central govt employees.
4. You have just described that there was pone SCN and you friend replied it stating that ‘……….” No clear view can be formed without seeing SCN and the reply.
5. You are also not clear whether your friend received explanation call or chargesheet under rule 16.
6. Did your friend actually opted no inquiry under rule 16.
7. You are not even clear as to which penalty has been ordered against your friend . There are 11 penalties [censure/ recovery of loss / stoppage of increment(non-cumulative)/ stoppage of increment(cumulative)/stoppage of promotion/ reduction in pay(non-cumulative)/ reduction in pay(cumulative)/reduction in rank or time scale/ removal/ compulsory retirement/ dismissal)
Pleae do not spoil your fridns case.
T. Kalaiselvan, Advocate
(Expert) 02 December 2024
Learned expert advocate Sudhir Kumar's findings are justified and appreciated, now it is the querist to explain.
