Sir,
I am very happy about your group's valuable suggestions to the various people who were approaching to you on very tipical issues. For which your services are grateful and hereby appreciated.
I would like to request your valuable suggestion on the following desciplinary matter:
One of my union member was issued with a charge memo under Rule 14 of CCS(CCA) Rules 1965 on 20-10-12 with the charge that he did attempt to pilfer in a sack containing 14 in no. copper pipes viz., the goverment property for his personal gain from the the heap lying at substaioj No.6 & Engineering Bay Site-B boudary wall between 2030 hrs to 2050 hrs approximately on 23-05-12.vide memorandum dated `18-10-2012, handed over on 20-10-12 wherein some written statements are there as witnessess.
The competent authority had issued the charge memo on 18-10-2012 and on the same day he appointed the IO/PO vide order dated 18-10-2012 and handed over along with charge memo itself. In the charge memo the DA had directed to submit written defence statement within 10 days. The said opportunity had become useless as the DA had appointed IO/PO without recieving the defence statement. Therefore, the opportunity of defend the case had taken away.
However, the individual submitted a reply with a statement of I herewith express my unconditional and unqualified guilt because of influance of some of mangement favourers.
The IO/PO had called the individual on 25-10-2012 at about 1615hrs and asked the details of how many children are you, what are they studying, how old are they, the individual answered all that questions. Then IO taken out two typed letters and asked the individual to sign on it with an oral assuarance that nothing will happened. Accordingly, the individual had signed by thinking that he may be totally exonereted. But on 26-10-2012 he was issued with the penalty of two lower stages for a period of three years in the existing pay scale/ pay band with immediate effect under rule 11(iii)(a) of CCS(CCA) Rules 1965.
Presently, the individual is in nervous situation and he want to contest the penalty as the penalty is giving effect of pecunary and promotion loss. But how to contest, the individual does not know. That is why, he approached me and I was forced to seek your help.
I think that an appeal has to be made firstly by explaining the entire story to the appelatte authority.
However, I need your help to save one persons pecunary/promotion loss.
(1) Shall we have the scope to contest the case? even though he pleaded guilty as we do not know what they have written in the two letter obtained individual signature.
(2) is it Legally valid order of penalty imposed within a span of 6 days of time for issuance of charge memo, competion of enquiry and imposition of penalty. He was not asked in writing to attend the enquiry, he was not asked about desirous of engaging of defence assistance, he was not issued the enquiry report for submission of written defence.
(3) Finally the Disciplinary authority and Inquiry Authority had not followed the prescribed procedure under rules but they might be presumed that individual pleaded guilty by taking the two letters signed by deliquent servant. Kindly exam and give suitable suggestion along with case law.
Warm greetings
Srinivasa Rao,
9700816574
