a general curosity

Government Official

Respected sir,

 

What is the defference between departmental proceedings, as per CCS (CCA 1965),   legal proceedings?

Is departmental proceedings is a legal proceeding?

 
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Consultant & Legal Analyst

Departmental proceedings, under the provision of CCS (CCA) Rules, is a quasi-judicial proceedings in the similar fashion like a court case but with a difference that the inquiry is not held by a court of law. It is held by an Inquiry Officer appointed by the Disciplinary Authority himself and presented on his bhalf by a Presenting Officer. Both hes Officers are appoined or nominated out of the departmental Officers. The Inquiry Officer must be senior in rank of the charged official. Charged official is also allowed to nominate some of the departmental official to assist him in defending his case. But the charged official is not allowed to hire a professionally practising advocate/lawyer for his defence, unless the Presenting Officer is a qualified/ practising lawyer.

 

On the other hand, a legal proceeding is a regular case filed in a court of law for inquiry and judgment by the presiding judge of the court and is fought through practising lawyers.

 

As already stated, a Departmental proceeding is not of the legal nature, but of a quasi judicial in nature, which denotes the case sharing the qualities of approximating to what is judicial, or that being essentially judicial in character but not within the judicial power or function nor belonging to the judiciary as constitutionally defined [s. 128 (2) (i), C.P.C.].

 

PS Dhingra

CEO

Dhingra Group of Management & Vigilance Consultants

New Delhi

 
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