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deepak Shivnikar (IPPG)     01 February 2020

Regarding voilation of rule 28 of ccs cca 1965 while execuiting appelate order

R/Sir I was in receipt of Appellate order on 17.09.2013 which was not marked for DDO through the punishing Authority under Rule 28 Of CCS CCA 1965 and on the contrary I was directed to file representation against it if any . Accordingly I have filed representation to the Appellate Authority within a month which was not yet decided . Meanwhile the DDO has implemented the Appellate order even when he was not in receipt of Appellate order either from Appellate authority or from original punishing authority . I have filed representation to various authorities in this regard up till now but I am not in receipt of single line of reply from any one . Now can I file case in CAT case in this matter ?


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 13 Replies

Sudhir Kumar, Advocate (Advocate)     02 February 2020

not understood what actually you want to ask.

deepak Shivnikar (IPPG)     02 February 2020

R/Sir,

 The appellate authority is PMG  . The punishment order issued by DPS . I made appeal against punishment order issued by DPS  which was considered by PMG and decided to enhance the punishment order issued by DPS.  I have received the show cause notice and on receipt of reply to show cause notice PMG had issued appellate order on 17.09.2013 .

 

The PMG had issued the appellate order 17.09.2013 with malfied intention so that I could not go further to court   for the same  he had not marked the copy of his appellate order to DPS to give effect to the appellate order (as per rule 28 of CCS CCA 1965) . The PMG had given copy to me   with direction  to submit the representation ,  if any immediately . Thus intention of appellate order is clear not to execute appellate order till finalization of representation over the appellate order. I have submitted my representation over the appellate order on 07.10.2013 which was not yet decided despite of repeated reminders.

 As such  there is no any problems in the matter , but problem was due to fact that DDO had executed the appellate order of PMG though he was not in receipt of authorized copy of appellate order either from Appellate authority or from  DPS .

 

Query 1:-  Is appellate authority is competent to call representation over the appellate order issued by him  under Rule27(2) of CCS CCA Rule 1965 and able to decide it as per the  provision of CCS CCA Rule 1965?

Query 2.  Can DDO implement appellate order over which representation was called by appellate authority in view of fact that DDO had not received the copy of appellate order either from  PMG or DPS .

Query 3:- Can  I file case in High Court  as mis use of statutory  power by  PMG, DPS

 

Sudhir Kumar, Advocate (Advocate)     03 February 2020

atleast now you decided to give some facts.

Sudhir Kumar, Advocate (Advocate)     03 February 2020

 The appellate authority is PMG  . The punishment order issued by DPS . I made appeal against punishment order issued by DPS  which was considered by PMG and decided to enhance the punishment order issued by DPS.  I have received the show cause notice and on receipt of reply to show cause notice PMG had issued appellate order on 17.09.2013 .

 

YOU HAVE TO BE CLEAR WHETHE SCN WAS ISSUED BEFORE APPELLATE ORDER OR AFTER

and also

 

WHAT WAS THE CHARGE AND WHAT WAS THE ORIGINAL AND WHAT WAS THE REVISED PENALTY

Sudhir Kumar, Advocate (Advocate)     03 February 2020

The PMG had issued the appellate order 17.09.2013 with malfied intention so that I could not go further to court   for the same 

NOT UNDERSTOOD WHAT YOU MEAN 

 

IF APPELLATE AUTHROITY INTENDS TO RE-OPEN THE CASE AND FEELS THAT PENLTY IS NOT ADEQUATE THEN HE CANNOT DO SO WITHOUT ISSUE OF SCN WHICH AS YOU SAID HAS BEEN DONE.

Sudhir Kumar, Advocate (Advocate)     03 February 2020

he had not marked the copy of his appellate order to DPS to give effect to the appellate order (as per rule 28 of CCS CCA 1965) . The PMG had given copy to me   with direction  to submit the representation ,  if any immediately . Thus intention of appellate order is clear not to execute appellate order till finalization of representation over the appellate order.

 

PRIMA-FACIE THIS DOES NOT HAPPEN

Sudhir Kumar, Advocate (Advocate)     03 February 2020

I have submitted my representation over the appellate order on 07.10.2013 which was not yet decided despite of repeated reminders.

 

IS IT MERE REPRESENTATION OR YOU HAD ALSO SUBMISSION REVISION PETITION UNDER RULE 29.

Sudhir Kumar, Advocate (Advocate)     03 February 2020

 As such  there is no any problems in the matter , but problem was due to fact that DDO had executed the appellate order of PMG though he was not in receipt of authorized copy of appellate order either from Appellate authority or from  DPS .

 

THERE IS NO SUCH BAR

Sudhir Kumar, Advocate (Advocate)     03 February 2020

 

Query 1:-  Is appellate authority is competent to call representation over the appellate order issued by him  under Rule27(2) of CCS CCA Rule 1965 and able to decide it as per the  provision of CCS CCA Rule 1965?

 

YOU ARE NO WHERE CONFIRMING / INDICATING WHETHER APPELLAATE AUTHROITY HAS PASSED TOW ORDERS

Sudhir Kumar, Advocate (Advocate)     03 February 2020

Query 2.  Can DDO implement appellate order over which representation was called by appellate authority in view of fact that DDO had not received the copy of appellate order either from  PMG or DPS .

 

THERE IS NO STATUTPRY OBHLIGATION ON ddo TO IGNORE ORDER IF NOT MARKED TO HIM.

Sudhir Kumar, Advocate (Advocate)     03 February 2020

Query 3:- Can  I file case in High Court  as mis use of statutory  power by  PMG, DPS

 

WHAT WERE YOU DOING SINCE 2013

 

deepak Shivnikar (IPPG)     03 February 2020

Sir, Show cause notice issued before appellate order.

deepak Shivnikar (IPPG)     03 February 2020

Sir , I want to sumit copy of appellate order . please sent email id so that I will able to submit the same

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